Public Prosecution Service v Brian Gallagher
| Jurisdiction | Northern Ireland |
| Judge | District Judge (MC) Meehan |
| Judgment Date | 2012 |
| Neutral Citation | [2012] NIMag 2 |
| Court | Magistrates' Court (Northern Ireland) |
| Date | 30 May 2012 |
Neutral Citation No. [2012] NIMag 2 Ref:
Judgment: approved by the Court for handing down Delivered:
30/05/2012
(subject to editorial corrections)*
IN DUNGANNON MAGISTRATES’ COURT
PUBLIC PROSECUTION SERVICE
Complainant
v
BRIAN GALLAGHER
Defendant
DISTRICT JUDGE (MAGISTRATES’ COURT) MEEHAN
The Background.
1. On 11th April 2012 there was put before me a Summons dated 13th March 2012
and addressed to one Brian Gallagher of an address in (the Republic of)
Ireland, whereby he was summonsed to appear on that day to answer a
Complaint that he
on 15 February 2012 in the County Court Division of Fermanagh
and Tyrone contravened a speed limit fixed at 30 miles per hour,
contrary to Article 43 of the Road Traffic Regulation (Northern
Ireland) Order 1997(5008013SB).
2. The Summons went on to declare;
THIS IS TO COMMAND YOU to appear as a defendant on the hearing of the
said complaint at Dungannon Courthouse, THE COURTHOUSE, 46
KILLYMAN ROAD, DUNGANNON, CO TYRONE, BT71 6DE on the 11th day
of April 2012 at 10:30, before a Magistrates’ Court of the said County Court
Division.
3. Papers put before the Court on 11th April were;
• The Summons (without endorsement as to service);
• A document entitled “Certificate by Complainant of Service of
documents on Defendant”, signed and dated 8th March 2012;
• A single page document entitled “Notification of Plea of Guilty and
Statement of Mitigating Circumstances”, signed on behalf of the
Complainant and that signature dated 8th March 2012;
• A single page document also entitled “Notification of Plea of Guilty
and Statement of Mitigating Circumstances”;
• A document entitled “Endorsement on Summons of requirement to
produce licence and its counterpart and/or test certificate”;
• A cover letter from the Public Prosecution Service (“the PPS”),
addressed to the Defendant and dated 8th March 2012;
• A Statement of Constable Gary James Roulston.
• The (substantive) Notification of Plea of Guilty and Statement of
Mitigating Circumstances now duly completed and signed by the
Defendant; he had made no entries in the section allowing him to set
out mitigating circumstances;
• A document entitled “Acknowledgement by Defendant of Receiving
Summons and Related Papers by Post”, completed and signed by the
Defendant and dated 19th March 2012;
• A completed Means Enquiry Form; and
• A colour photocopy of the Defendant’s driving licence.
4. The prosecution case is that on 15th February 2012 Constable Roulston was
operating a speed-measuring device at the Monaghan Road, Aughnacloy,
where the speed limit is 30 miles per hour. Along came the Defendant; his car
was computed to be travelling at 44 miles per hour. Constable Roulston
stopped the Defendant and established that he had an address in County
Donegal. Constable Roulston showed Mr. Gallagher the speed reading,
cautioned him and completed the usual formalities, as to recitation of a
suspect’s rights, before asking whether the Defendant had anything to say in
response. Mr. Gallagher answered “Oh – not at all”. He then produced his
driving licence, which was noted to be one issued in Ireland. Rather than
establishing whether Mr. Gallagher could offer an address for service in
Northern Ireland or instead arresting the Defendant and having him charged
at the Station with the offence of speeding, to be bailed to appear in Court at a
later date, Constable Roulston simply informed him that he would be
reported with a view to prosecution, that he might be required to surrender
his licence at court and sent him on his way.
5. There is a standard cover letter which the Public Prosecution Service (“the
PPS”) send to those Defendants who have an address in Northern Ireland and
which accompanies a copy of the Summons and other documents in those
cases where service is being effected by post by the PPS and where the
Defendant is being offered the facility of having the matter disposed of upon
his written plea of guilt. These procedural requirements were considered in
detail by the Court of Appeal in DPP v (Marie) Brown [2009] NICA 32; [2010]
NIJB 95. Not long after that, it seems, the PPS also started posting
Summonses to Defendants living in Ireland. It is common practice by now,
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