Receiving a summons is intimidating if you do not know how things work in the legal system. It may be a Garda summons or a jury summons; being well aware of your rights and duties is important to achieve the best result possible. Understanding your rights, obligations, and the proper course of action can make a significant difference in how your case unfolds.
What Is a Summon?
A summons is a formal written notice, issued by the State, calling you before a court to appear on a given date and time. It normally contains:
- Your name and address
- The details of the offence for which you are being charged
- The Garda bringing the case against you
- The act of law you are accused of having violated
Ignoring or misunderstanding the importance of a summons can have serious legal consequences. That’s why consulting a criminal defence solicitor as early as possible is vital.
Rules of Being Served a Summons in Ireland
In Irish law, there are strict guidelines for receiving a summons:
- When served personally, the summons has to be given no less than 7 days prior to the date of your hearing.
- When sent by post, it needs to arrive at least 21 days in advance of the hearing.
- In general, the summons has to be issued within 6 months of the offence being alleged in the case of summary proceedings—subject to exceptions.
These timelines ensure that defendants have enough notice to obtain legal advice and prepare adequately. If you’ve received a Garda summons, it’s important to take immediate action.
What To Do When You’re Summoned to Court
If you’ve been served with any kind of summons, early action is essential. Here’s a breakdown of what you should do:
1. Don’t Ignore It
However minor the charge or the reason may be, a summons is a court order. Failing to respond may result in a bench warrant for your arrest, having the case proceed without you, or other issues.
2. Review the Document Carefully
Double-check that your personal details are correct and record the date, time, and place of the court hearing. Check the alleged offence, the name of the prosecuting party, and the cited legislation.
3. Seek Legal Advice
Contact criminal law firm as soon as possible. A legal advisor can explain the implications of the charge, assess the strength of the evidence, and advise you on your options—whether you plan to contest the matter or make a plea.
4. Decide on a Plea
Not Guilty: If you deny the allegation, your solicitor will prepare your defence and represent you in court.
Guilty: If you accept the charge, a solicitor can make submissions to the court to seek reduced penalties based on mitigating factors.
What Happens in Court?
On the date of court, your lawyer (if assigned) will accompany you and present your case. They will make sure your position is heard in full, the procedure is complied with, and any potential legal grounds—like irregularities in serving the summons—raised.
If you show up unrepresented by an attorney, you might be asked to present yourself, which can be intimidating. Court procedures have rules and time constraints, and even a small procedural error may affect your case.
What If You Fail to Attend Court?
Failing to appear on the date stated in your summons can lead to serious consequences:
- The judge can continue the case without you
- The issue can be adjourned, leading to delays and more stress
- You can be arrested on a bench warrant
These consequences not only complicate your case, but also may have a negative impact on how your case is perceived by the court.
Know the Difference: Garda Summons vs. Jury Summons
While both documents require attendance, they serve different purposes:
A Garda summons relates to a criminal matter where you are the accused. The Gardaí are prosecuting you for an offence, and you must answer the charge.
A jury summons is a civic responsibility. If chosen, you are required to go to court to possibly serve on a jury in a trial. You will be fined or face other penalties for not attending, although it is not a criminal charge.
Ignoring either type can lead to penalties. However, if you believe there’s a valid reason you cannot attend (e.g. medical issues, travel commitments), it’s crucial to inform the relevant court office in advance and seek advice on how to handle the matter appropriately.
Final Thoughts
Being summoned to court—whether through a Garda summons or a jury summons—is a serious legal matter that should never be brushed aside. Understanding the rules of being served a summons in Ireland, acting promptly, and getting proper legal support can make a significant difference in how your case is handled.
Timely action is key. From reading the document carefully to attending court on the required date, each step ensures your rights are protected and the situation doesn’t escalate unnecessarily. If you’re ever unsure of what to do next, consulting a legal expert will provide clarity and confidence in dealing with the legal system.
Also Read: Civil law vs Criminal law