We have been contacted by a number of clients who have received correspondence from Assistant Commissioner Michael A. Finn of An Garda Siochana in relation to their conviction for a fixed charge offence.
We note from these letters that an Garda Siochana “have identified that correct procedures were not followed” with respect to the prosecution of our clients as regards a conviction imposed on them.
We further note from these letters that an Garda Siochana are seeking the consent of our clients with regards to the Garda Síochána commencing a process of appealing the conviction on their behalf.
Having researched the matter, Michael J Staines & Co Solicitors do not see how and under what circumstances the Gardaí have a legal basis upon which they can commence the process of appealing a conviction on behalf of an accused person convicted of an offence even with their consent. We await confirmation from An Garda Siochana as to the legal basis upon they believe they are entitled (even with the consent of our clients) to commence the process of appealing a conviction on their behalf.
We are also of the view that the time period which permits an appeal arising from the conviction in the District Court has long since expired and are unaware of what basis An Garda Siochana proposes extending time in the present circumstances.
Pending clarification of these matters from An Garda Siochana/ the Attorney General/ the Director of Public Prosecutions, we are advising all of our clients not to consent to a process which clearly falls outside of the jurisdiction of the District Court.
Should you be in receipt of any correspondence from An Garda Siochana in relation to this Fixed Penalty Notice Conviction issue, you should contact our office without delay.