Dáil Éireann Debate, Thursday - 22 January 2026
449. Deputy Brendan Smith asked the Minister for Justice, Home Affairs and Migration the actions that have been initiated by his Department to implement the recommendation following the decision at the conference of a representative body to seek legislative change (details supplied); and if he will make a statement on the matter. [5126/26]
Amharc ar fhreagraSection 10 (4) of the Petty Sessions (Ireland) 1851 Act sets out the time limit allowed for a summons to be issued for any offences to be dealt with in the District Courts (summary offences). Under the 1851 Act, this time limit is no longer than six months from the date of the offence to application for a summons to the District Court by Gardaí. These limits do not apply to indictable offences that are to be heard in the Circuit Court.
There are some exceptions to the six-month timeframe such as section 7 of the Harassment, Harmful Communications and Related Offences Act 2020 which allows that summary proceedings for an offence under that Act may be instituted at any time within two years from the date on which the offence was committed.
Other than in exceptional cases such as the afore-mentioned Act, there are no plans to change the time limit for the summary prosecution of the generality of offences.
