Quote from: David McKeown on June 20, 2025, 05:06:37 PMQuote from: Main Street on June 20, 2025, 11:56:55 AMQuote from: David McKeown on June 19, 2025, 09:19:08 AMIs the English 6 months thing similar to this bit in Irish law that relates to time between offence and summons?Quote from: johnnycool on June 19, 2025, 08:31:05 AMQuote from: Banks of the Bann on June 19, 2025, 08:14:37 AMMy point stands:
1. Israel tries to equate any criticism of them as support of Hamas.
2. Kneecap shouting 'Up Hamas' gives Israel an open goal.
It's simple and irrefutable.
Mo Chara left himself open to this by what he shouted and will be used to build the case that he supports a proscribed organisation but make no bones about this the spotlight was shone on them after the Coachella thing in the US.
It looks like the defence are questioning whether the court have jurisdiction on this matter, anyone shed any light on that for us less well informed in the legal gymnastics at play?
Yes although I think the reporting must be wrong. Either that or I can't read a calendar. The reporting suggesting the issue is one of the case being what's called statute barred.
This offence is what's known as a summary offence meaning it can only be heard in the Magistrates Court. It can not be heard in the Crown Court. Most summary offences (including this one) must be commenced within 6 months. Proceedings are commenced when a complaint is made to a lay magistrate not when a summons is issued. The complained of offence occurred in November. The proceedings don't seem to have been commenced until May. I can't remember the specific dates of either of those but a google suggests the CPS laid the complaint in time (just).
'Generally speaking, a summons must issue within 6 months of the offence if it is to be dealt with by summary disposal'
https://www.michaelstaines.ie/what-to-do-when-you-receive-a-summons
Yes it steams from pre partition. Been a bit of a divergence over the last century but not much.
I understand that the dates may have been reported incorrectly in the press and the charges are likely statute barred