I am informed by the Garda authorities that An Garda Síochána apply to the Courts Service for the issue of summonses, which are served in accordance with the Courts Acts and the District Court Rules. The service provider does not apply for the issue of summonses.
However, An Garda Síochána is also responsible for the issue and service of fixed charge notices for road traffic offences. Currently ordinary post is utilised to serve fixed charge notices, as provided for in section 25 of the Interpretation Act 2005. Where a fixed charge notice is not paid, proceedings are instituted for the fixed charge offence by the issue of a summons, which may be by hand, personal service or registered post.
Section 103(10) of the Road Traffic Act 1961 (as substituted) provides that in a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that the relevant fixed charge notice has been served or caused to be served and that a payment pursuant to the relevant notice has not been made.
A number of legislative changes are contained in the Road Traffic Act 2010, which is under the aegis of my colleague the Minster for Transport, Tourism and Sport, relating to the service of a fixed charge notice. These include section 44, which provides that a person who is served with a summons in respect of a fixed charge notice may pay a fixed charge, of an amount 100% greater than the original fixed charge, not later than seven days before the date of the court on which the charge is to be heard. If the person pays the fixed charge, proceedings in respect of the alleged offence will be discontinued and the person need not attend court on the day. The section also provides that where a summons is served in respect of a fixed charge offence evidence the fixed charge notice was not served shall not be a defence to the alleged offence.