Director Of Public Prosecutions (At The Suit of Garda Mervyn J.Forde) v Tuohey (Approved) [2021] IEHC 357 (04 May 2021)

Director Of Public Prosecutions (At The Suit of Garda Mervyn J.Forde) v Tuohey (Approved) [2021] IEHC 357 (04 May 2021)

Post-dating fixed penalty notices to ensure recipients have the full statutory 28-day period to pay does not breach statutory provisions, does not constitute an error of law, and does not affect the admissibility of evidence or fairness of the trial.

Citation
[2021] IEHC 357
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Mervyn J. Forde); Defendant: Brian Tuohey
Jurisdiction
Ireland
Judgment Date
04 May 2021
Procedural Posture
Consultative Case Stated (criminal) / High Court Review of District Court Consultative Case Stated
Outcome
Consultative case stated answered: post-dating fixed penalty notices is legally unobjectionable; statutory provisions complied with; prosecution not affected.
Legal Topics
Fixed Penalty Notices, Road Traffic Offences, Procedural Compliance, Service of Legal Documents
Criminal Law Administrative Law Fixed Penalty Notices Road Traffic Offences Procedural Compliance Service of Legal Documents

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Parties

Director of Public Prosecutions (at the suit of Garda Mervyn J. Forde)

Prosecutor

Brian Tuohey

Defendant

Procedural Posture

Consultative Case Stated (criminal) / High Court Review of District Court Consultative Case Stated

Legal Issues

  1. 1 Whether post-dating fixed penalty notices to ensure a full 28-day payment period complies with statutory requirements
  2. 2 Whether post-dating affects admissibility of evidence or fairness of trial

Ratio Decidendi

Post-dating fixed penalty notices to ensure recipients have the full statutory 28-day period to pay does not breach statutory provisions, does not constitute an error of law, and does not affect the admissibility of evidence or fairness of the trial.

Court Disposition

Consultative case stated answered: post-dating fixed penalty notices is legally unobjectionable; statutory provisions complied with; prosecution not affected.