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

Citation
[1996] IEHC 30
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Defendant (unnamed)
Jurisdiction
Ireland
Procedural Posture
Case Stated / Appeal From District Court Dismissal of Summonses
Outcome
District Judge's determination reversed; prosecutions to continue
Legal Topics
Time Limits for Prosecution, Statutory Interpretation, Procedure for Issuing Summonses
Criminal Law Animal Health Law Time Limits for Prosecution Statutory Interpretation Procedure for Issuing Summonses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

Defendant (unnamed)

Defendant

Procedural Posture

Case Stated / Appeal From District Court Dismissal of Summonses

Legal Issues

  1. 1 Whether the statutory time limit for issuing summonses under the Courts (No. 3) Act, 1986 is six months or two years when a longer period is provided by statute
  2. 2 Whether failure to recite the relevant statutory provision on the face of the summons invalidates the summons

Ratio Decidendi

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

Court Disposition

District Judge's determination reversed; prosecutions to continue

Orders

  • Prosecutions against the Defendant should continue