D.P.P. v. Stafford [2005] IEHC 187 (14 June 2005)

D.P.P. v. Stafford [2005] IEHC 187 (14 June 2005)

The six month period for applying for a summons under s. 10(4) of the Petty Sessions (Ireland) Act, 1851 is computed by excluding the date of the offence and counting six calendar months, with the period expiring on the corresponding date in the sixth month or, if no such date exists, on the last day of that month. Section 11(h) of the Interpretation Act, 1937 does not apply to the computation of this period as the 1851 Act is not an Act of the Oireachtas.

Citation
[2005] IEHC 187
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Sergeant Michael Clarke); Accused: Simon Stafford
Jurisdiction
Ireland
Judgment Date
14 June 2005
Procedural Posture
Case Stated (appeal) / High Court Opinion on Case Stated From District Court
Outcome
Summons was applied for within six months of the date of commission of the alleged offence.
Legal Topics
Computation of Limitation Periods, Summary Offences, Interpretation of Statutes
Criminal Law Procedural Law Computation of Limitation Periods Summary Offences Interpretation of Statutes

Case Brief

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Parties

Director of Public Prosecutions (at the suit of Sergeant Michael Clarke)

Prosecutor

Simon Stafford

Accused

Procedural Posture

Case Stated (appeal) / High Court Opinion on Case Stated From District Court

Legal Issues

  1. 1 How is the six month limitation period for applying for a summons under s. 10(4) of the Petty Sessions (Ireland) Act, 1851 to be computed?
  2. 2 Does s. 11(h) of the Interpretation Act, 1937 apply to the computation of this period?

Ratio Decidendi

The six month period for applying for a summons under s. 10(4) of the Petty Sessions (Ireland) Act, 1851 is computed by excluding the date of the offence and counting six calendar months, with the period expiring on the corresponding date in the sixth month or, if no such date exists, on the last day of that month. Section 11(h) of the Interpretation Act, 1937 does not apply to the computation of this period as the 1851 Act is not an Act of the Oireachtas.

Court Disposition

Summons was applied for within six months of the date of commission of the alleged offence.

Orders

  • Case stated answered in favour of the prosecution.