District Court

Seven Tips for when you appear in Court.

Show up:

If you are on a summons, and the charge is returnable to that date,  you should make sure that you are there  in person, whether or not you have legal representation.  Some judges take it as disrespect to the court they are sitting in if the person  is not there to answer the charge.

Dress as you would for an interview:

It is just that an interview between you and the judge he may never have seen before and you may not want to see him again.  People make impressions on what they see with their own eyes.

Take the Oath:

whether you're a Christian or some other religion  you are required to swear or affirm the evidence that you're going to give.  Make sure you stand straight up and look like it means something to you.  No slouching  and no  hand in pocket or chewing gum.  All these factors reduce your credibility and the evidence you give.

Address only the judge:

Watch how  professional witnesses such as guards give their evidence to the court.  They are focused on the judge and nobody else.  People worry about what to call the judge, but in most cases prefacing the words you're giving with "Judge" is sufficient especially in the District Court.

Get copies of any statements you gave to the guards in advance of any hearing:

You are entitled to these and your solicitor will need them to see what statement if any you may relating to the charge.  The court will generally adjourn the first listing of the case to allow the statements pass over to the accused or his legal representative.

Ensure you understand what is said about you:

if you can not hear or do not understand what is said, be sure to tell the judge and ask for an explanation  especially if English is not your native language.

Jury summons:

if you receive a summons is your civic duty to attend on the date listed.  You may be challenged by legal advisers for an accused even though you were chosen at random from the jury list.  If you are pressing business, you should advise the sitting judge, and they will decide whether you can be excused or not.

Nothing in this note shall constitute legal advice and is not a substitute for consultation with qualified legal adviser in relation to your legal rights and responsibilities.

Changes introduced by the 2010 act

• 2010 Act deals with various issues related and unrelated to excess alcohol cases
• Penalty points introduced for excess alcohol cases
• No mandatory disqualification for certain classes of persons with readings over the statutory limit
• The concept of the "specified person" for whom a lower level of alcohol is permitted
• Provision for "impairment testing of drivers, such impairment tests to be  prescribed under the "impairment test regulations"
• The use of "fixed charge offence" procedure in relation to excess alcohol cases
• The admissibility of a written statement in evidence by a member of An Garda Siochana in respect of the making of certain requirements
• The requirement of a person detained at a Garda Station or hospital to undergo a medical examination by a designated doctor or nurse for the purposes of obtaining evidence for the prosecution.
• The provision for the discontinuance of Court proceedings if the Defendant pays double the original amount of the Fixed Charge Notice prior to Court.
• Mandatory disqualification for first offence of careless driving subject to Court discretion not to disqualify for "special reason"
• Mandatory disqualification for first offence of no insurance, again subject to Court discretion for "special reason"
• Mandatory disqualification  for 4 years (first offence) and 6 years (subsequent offences) for failing to stop and / or remain at the scene of an accident, subject to "special reason" provision.
• Mandatory imposition of Order for costs and expenses against person convicted of an offence under the Road Traffic Acts.
• Defense of non-receipt of fixed charge notice abolished.
• Pink slips and yellow slips are now a thing of the past.
• Important change to provisions regarding removal of disqualification.

Contact Us if you require more information