Courts (No. 3) Act, 1986

Courts (No. 3) Act, 1986 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1986 Courts (No. 3) Act, 1986 Courts (No. 3) Act, 1986 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 33 of 1986 COURTS (NO. 3) ACT, 1986 ARRANGEMENT OF SECTIONS Section 1. Issue of summonses in relation to offences. 2. Short title, collective citation and construction. Acts Referred to Courts (Supplemental Provisions) Acts, 1961 to 1986 Number 33 of 1986 COURTS (NO. 3) ACT, 1986 AN ACT TO AMEND AND EXTEND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1986. [19th December, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Issue of summonses in relation to offences. 1.—(1) Proceedings in the District Court in respect of an offence may be commenced by the issuing, as a matter of administrative procedure, of a document (referred to subsequently in this section as “a summons”) by the appropriate office of the District Court. (2) Summonses shall be issued under the general superintendence of an appropriate District Court clerk and the name of an appropriate District Court clerk shall appear on each summons. (3) A summons shall— (a) state shortly in ordinary language particulars of the offence alleged and the name and, if known, the address of the person alleged to have committed the offence, and (b) notify him that he will be accused of that offence at a sitting of the District Court which sitting shall be specified by reference to its date and location and, insofar as is practicable, its time. (4) An application for the issue of a summons in relation to an offence may be made to the appropriate office of the District Court by or on behalf of the Attorney General, the Director of Public Prosecutions, a member of the Garda Síochána or any person authorised by or under statute to prosecute the offence. (5) In any proceedings, a document purporting to be a summons shall, unless the contrary is shown, be deemed to be a summons duly applied for and issued. (6) A summons duly issued under this Act shall be deemed for all purposes to be a summons duly issued pursuant to the law in force immediately before the passing of this Act. (7) (a) Any provision made by or under any statute passed before the passing of this Act relating to the time for making a complaint in relation to an offence shall apply, with any necessary modifications, in relation to an application under subsection (4) of this section. (b) Notwithstanding the provisions of paragraph (a) of this subsection, where a complaint in relation to an offence was duly made by a person referred to in subsection (4) of this section and was received, on or after the 20th day of March, 1986, and before the passing of this Act and during the period within which the complaint was required by law to be made, by a District Court clerk or a Peace Commissioner, then, not later than the 20th day of March, 1987, it shall be lawful for such person to apply under subsection (4) of this section for the issue of a summons in relation to the offence and for the appropriate office of the District Court to issue the summons. (8) The procedures provided for in this section in relation to applications for, and the issue of, summonses are without prejudice to any other procedures in force immediately before the passing of this Act whereby proceedings in respect of an offence can be commenced and, accordingly, any of those other procedures may be adopted, where appropriate, as if this Act had not been passed. (9) In this section— “appropriate District Court clerk”, in relation to a summons, means a District Court clerk assigned to any District Court area in the District Court district in which a justice of the District Court has jurisdiction in relation to the offence to which the summons relates; “appropriate office of the District Court”, in relation to a summons, means the office of any District Court clerk assigned to any District Court area in the District Court district in which a justice of the District Court has jurisdiction in relation to the offence to which the summons relates; “summons” has the meaning assigned to it by subsection (1) of this section. Short title, collective citation and construction. 2.—(1) This Act may be cited as the Courts (No. 3) Act, 1986. (2) The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1986” shall include this Act and the said Courts (Supplemental Provisions) Acts, 1961 to 1986, shall be construed together as one. 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