Written answers

Wednesday, 27 September 2006

Department of Justice, Equality and Law Reform

Road Traffic Offences

8:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 294: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the procedures in place to ensure that serious road traffic offences committed by non-residents are fully prosecuted; and the Garda activity level in this regard. [28875/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that all road traffic offences that come to the attention of An Garda Síochána are investigated, whether these are committed by residents or non-residents. I am also informed that legislation providing for the issue of fixed charge notices requires that motorists detected for committing offences be issued with a fixed charge notice, irrespective of their residency status. The legislation also provides that the paying of the fixed charge is a discretionary option which rests with the recipient of the fixed charge notice. Prosecutions for such offences can only be initiated where the recipient of the notice does not pay the fixed charge within the stipulated statutory period of 56 days from the date of the notice.

I am also informed that prosecutions may be initiated immediately for some road traffic offences which fall outside the fixed charge system e.g. dangerous driving and drink driving (where evidential breath testing is used and a certificate of alcohol concentration is immediately available). Depending on the circumstances, primarily the likelihood of the person not turning up in court, the person may be held in custody to be brought before the next available court sitting. The judge will decide, based on the evidence of the prosecution and submissions by the defence, whether the person will then be dealt with or remanded on bail or in custody.

The Director of Public Prosecutions (DPP) may apply for a European Arrest Warrant for the arrest of a person in a European country where the offence carries a penalty of a period of at least 12 months or, where a sentence has been passed, for sentences of at least four months. Subject to certain qualifying conditions an extradition request may be commenced by An Garda Síochána for the arrest of a person in the United States of America or Australia.

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