Defendants (criminal proceedings)

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Minor road traffic offences, properly referred to as infringements or scheduled offences, are dealt with administratively before a Commissioner for Justice.

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How are minor road traffic offences dealt with?

Infringements such as speeding and parking offences are dealt with in the same way that minor offences are dealt with before the Court of Magistrates.

These offences will be dealt with by a Commissioner of Justice.

You will be summoned to appear before a Commissioner. The summons will contain a brief statement of the facts of the charge as well as a warning that if you fail to appear, you will be deemed to have admitted the charge. The summons will also indicate the penalty to which you may be liable if found to have committed the infringement.

You may, up to three days before the hearing, settle the charge by paying the penalty. In such a case you need not appear before the Commissioner. If you choose to contest the charge then the proceedings are contentious. The prosecution will present its case and then you will present yours. The Commissioner will then decide whether or not you have committed the scheduled offence specified in the summons.

If the Commissioner decides that you have committed the scheduled offence, he will declare you guilty of an infringement and order you to pay a fine not exceeding one thousand and sixty-four euro and sixty-nine cents (€ 1,164.69). The minimum fine would be that of twenty-three euro and twenty-nine cents (€ 23.29). If the law so provides the Commissioner may also order the sequestration of any object used in the commission of the offence or/and the revocation or suspension of your licence in addition to the fine.

Scheduled offences may be pursued against nationals of other Member States if you are summoned. If you are summoned and do not appear you will be deemed to have admitted the charge. You may, alternatively, authorise in writing a close relative or advocate to appear on your behalf.

If you feel aggrieved by the decision of the Commissioner you may, within thirty days of the decision, apply to the Court of Magistrates to have such decision revoked or varied.

Will these offences appear on my criminal record?

These infringements will not appear on your conduct certificate or on your conviction sheet.

Related links

Legislation on road traffic offences

Last update: 20/12/2016

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