Courts Act 2017

JurisdictionIreland
CitationIR No. 8/2017
Year2017


Number 8 of 2017


COURTS ACT 2017


CONTENTS

Section

1. Definition

2. Amendment of section 1 of Act of 1986

3. Summons in respect of certain offences alleged to have been committed by member of Garda Síochána

4. Short title, collective citation, construction and commencement


Acts Referred to

Courts (No. 3) Act 1986 (No. 33)

Courts (Supplemental Provisions) Acts 1961 to 2015

Road Traffic Act 2010 (No. 25)

Road Traffic Act 2016 (No. 21)


Number 8 of 2017


COURTS ACT 2017


An Act to amend the Courts (No. 3) Act 1986 in respect of the issue of summonses in relation to offences; to provide for the issuing of summonses under that Act in respect of certain offences alleged to have been committed by members of the Garda Síochána; and to provide for related matters. [17th May, 2017]

Be it enacted by the Oireachtas as follows:

Definition

1. In this Act “Act of 1986” means the Courts (No. 3) Act 1986 .

Amendment of section 1 of Act of 1986

2. Section 1 of the Act of 1986 is amended—

(a) by the insertion of the following subsection after subsection (2):

“(2A) (a) The issue of a summons by electronic means in accordance with subsection (2) shall be deemed to have been effected where the appropriate office transmits by electronic means all of the information necessary to create the summons in an automatic manner and, accordingly, the issue of the summons shall be deemed to have occurred on the date of such transmission.

(b) The validity of a summons, the issue of which is deemed to have been effected in the manner specified in paragraph (a), shall not be affected by reason of the date of its issue falling on a date that is earlier than the date of its creation.

(c) Where the procedure for the issue of a summons specified in paragraph (a) is used and more than one document is created in an automatic manner in respect of the same alleged offence and each document so created is identical to each other document so created as to both form and content, then, each such document shall be the summons.

(d) A reference in this subsection to the creation in an automatic manner of a summons shall be construed as a reference to the creation of the summons on paper in legible form by electronic means.”,

(b) by the insertion of the following subsection after subsection (4):

“(4A) This section shall not operate to prevent—

(a) a transmission under subsection (2) (including one that effects the issue of a summons in accordance with subsection (2A)) containing information relating to different summonses, or

(b) a transmission under subsection (4) containing more than one application referred to in...

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