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A GARDA ERROR led to almost 15,000 people having a penalty imposed on them by the courts when they should never have been summonsed in the firstplace.
Today, as garda management revealed officers had recorded almost one million more breath tests than they actually carried out, they also disclosed that some 146,856 summonses were wrongly issued to drivers. In 14,700 cases, a penalty was imposed and gardaí are now working to have these convictions quashed in the courts.
The issue was first brought to light in April last year when a driver was summonsed to court for no NCT certificate. It transpired this man had already paid a fixed notice charge and An Garda Síochána launched a review to establish how it happened.
Since December 2014, no summons should be issued for failure to have an NCT certificate unless the driver has first been issued with a fixed notice charge and then failed to pay the charge.
An initial examination of all fixed charge offences indicated that in 1,130 cases, a notice had been issued and paid but the person was still summonsed.
However, a further analysis of the fixed charge penalty system between January 2006 and May 2016 revealed there were 146, 686 people between January 2006 and May 2016 brought before the court without having ever received a notice and therefore an opportunity to pay the fine.
These offences included:
An estimated 96% of cases relate to people who had multiple offences before the court. The remaining 4% – around 5,860 people – were summonsed to court solely for that one offence.
Around 10% of the total, or 14,700, had penalties imposed on them in the courts.
Assistant Commissioner Michael Finn today told reporters that An Garda Síochána is now appealing those outcomes in the circuit court.
“This was an error on our behalf in how we processed these cases. We have identified it and we have put an IT upgrade in place to ensure it’s not repeated again,” he said.
I apologise to all those people we brought before the court who should have been given an opportunity to pay a fixed charge notice. It’s our mistake and we will rectify it.
An IT system that prevents summonses being created in these circumstances has now been rolled out to prevent this from happening again.
He said gardaí will be writing to each of the people affected to explain what happened and how they propose to rectify the situation. Any fines imposed will be reimbursed and any records involved will be corrected.
When asked whether there had been consequences for these drivers in relation to insurance costs, penalty points or other financial costs: “That is a possibility in some of the cases”.
He said it was also a possibility that these people could take legal action against the State.
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Cool article. The Brits are hilarious.
@Lisa Saputo: and they make your corps wait wks till burial . We just prefer a 3 day bender
Another tradition is one hundred years old this week, the tradition of Irish Republicans refusing to swear allegiance to the British queen and refusing to take their seats. Surely it’s time FG and FF put their money where their mouth is, run candidates in the north and take their seats in Westminster? Surely if they believe SF should take their seats then they would do the same? Surely they would win seats in the north after all they’ve done for Northern Nationalists? Surely!!
@European Bob: that tradition is not 100 years old. The tradition died out in 1921 when Ireland got its independence, but was started again in the 70s by a splinter faction of the Workers Party calling itself Sinn Fein.
@European Bob: calm down Shirley.
@European Bob: surely you can’t be serious?!
@Big Red: Actually the Workers Party came from Sinn Fein not the other way.
Sinn Fein split into Provisional and Official, the Officials became “Sinn Fein the workers party” then just “The workers Party” from which Democratic Left split, who then merged with (took over) Labour. I think The Workers Party is still around, but I believe that Thomas McGiolla was the last to be elected to any major position.
@European Bob: slight lack of understanding what a republic is, there Bob. A office holder of a republic cannot swear alligeance to any royal of any origin or to any other power that does not eminate for the people of that republic. FF, FG or anyone considering that would have to form an external party, taking note that any crossing of the party whip (over serving office holders) would be illegal and treasonous to that republic. I dont know, but I suspect it’s similar for the house of commons over there.
@Greg Blake: I’d imagine taking up the oath in the UK, would negate any right of SF MPs to direct or influence the voting of any SF TDs.
@Big Red: You might want to recheck your facts there. They are a little bit on the alternative side.
@Big Red: Note to Red, Ireland didn’t get its independence in 1921. 6 counties still occupied.
@European Bob: its a pity it can’t just become another British parliament tradition, where they symbolically deny sinn fein mps entry a few times, and then just let them take their seats…
@Big Red: partial independence
Maintaining all the fuss and feathers of empire is the root cause of the British sense of self importance.
@Kevin Barry: like wearing a shamrock to commemorate a 1,500 year dead kidnap victim Welsh “saint” who drove the non-existent snakes out of Ireland?
@Robin Pickering: you have us on that one. ;-), All countries have their quaint customs, it’s what makes the world interesting. As long as they are harmless, then let them at it.
@Greg Blake: true. Life would be boring if we were all the same.
A total bunch of clowns the lot of them
@Ciarān: word
@Ciarān: Why are they a bunch of clowns?
@jo mixon: Do i need to explain or have you not been following the news for the the last 2 years?!
I knew a village bycicle who loved the black rod
“Right honourable” means a member of the privy council. Nothing to do with ministerial office
@Dave Ringer: that’s correct. Jeffrey Donaldson from the DUP gets referred to as “the right honourable” just because he is on the queen’s privy council. He is not a minister.
I find this very offensive to Blacks & Rods
MPs are traditionally called ‘honourable’, or ‘hon’ for short. They aren’t referred to by name by other members, but by the constituency they represent. The Speaker calls them by name.
A ‘friend’ is an MP in the same party; referring to others, they are just a ‘member’.
‘Right hon’ means the member is a member of the Privy Council; the get the letters PC after their name.
‘Hon and learned’ means the member is a QC, the equivalent of a SC.
‘Hon and gallant’ means the member is a Sir, a knight.
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