Oireachtas Joint and Select Committees

Thursday, 14 November 2019

Public Accounts Committee

2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service

9:00 am

Mr. Peter Mullan:

The Deputy is referring to the recent decision of the High Court on the differentiation between 28 days and 56 days. Fixed charge notices are served by members of An Garda Síochána and that is where the issue arises. I understand that An Garda Síochána is looking at the legal issues involved. It is a matter for the force to decide whether to appeal. When the matter arrives in court, it becomes an issue if the person claims that he or she has not received the fixed charge notice. That then becomes part of his or her legal defence and it is a matter for the judge to decide whether to accept that defence. The ruling could give rise to some quite significant issues.

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