D.P.P. v. Fox [1996] IEHC 30; [1997] 1 ILRM 440 (7th November, 1996)

D.P.P. v. Fox [1996] IEHC 30; [1997] 1 ILRM 440 (7th November, 1996)

The two-year time limit provided by Section 18 of the Bovine Diseases (Levies) Act, 1979 applies to the issuance of summonses under the Courts (No. 3) Act, 1986 for offences under the Diseases of Animals Act, 1966, and the applications for the present summonses were made in time. The District Judge's determination to dismiss the summonses was wrong in law.

Citation
[1997] 1 ILRM 440
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Case Stated (summary Jurisdiction) / High Court Review of District Court Dismissal
Outcome
District Judge's determination reversed; prosecutions to continue.
Legal Topics
Time Limits for Prosecution, Interpretation of Statutory Time Limits, Summary Jurisdiction, Issuance of Summons, Procedural Requirements
Criminal Law Administrative Law Time Limits for Prosecution Interpretation of Statutory Time Limits Summary Jurisdiction Issuance of Summons Procedural Requirements

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Defendant

Defendant

Procedural Posture

Case Stated (summary Jurisdiction) / High Court Review of District Court Dismissal

Legal Issues

  1. 1 Whether a two-year statutory time limit under the Bovine Diseases (Levies) Act, 1979 applies to the issuance of summonses under the Courts (No. 3) Act, 1986, or whether the general six-month limit applies
  2. 2 Whether failure to recite the relevant statutory provision on the face of the summons invalidates the summons

Ratio Decidendi

The two-year time limit provided by Section 18 of the Bovine Diseases (Levies) Act, 1979 applies to the issuance of summonses under the Courts (No. 3) Act, 1986 for offences under the Diseases of Animals Act, 1966, and the applications for the present summonses were made in time. The District Judge's determination to dismiss the summonses was wrong in law.

Court Disposition

District Judge's determination reversed; prosecutions to continue.

Orders

  • The prosecutions against the Defendant should continue.