Instructions for Initiating a Legal Action Against a State Employee in Ireland

Under the combined provisions of Section 10 of the Petty Sessions (Ireland) Act 1851 and Section 88 of the Courts of Justice Act 1924, a Peace Commissioner in Ireland holds the authority to issue a summons requiring a state employee to appear in court to face formal accusations of committing an offense. Furthermore, Section 177 of the Criminal Justice Act 2006 removes the six-month limitation from the 1851 Act concerning summary offences, thereby allowing for the pursuit of indictable offences. Most offences in Ireland fall under the indictable category. You can contact the Department of Justice for your nearest Peace Commissioner here, we have nearly 7000 in Ireland, that's a ratio of 100 to 1 compared to District Court Judges, so access to Justice may be closer than you think !

If you have been the victim of a crime committed by an employee of the Irish State, follow these steps:

Step-by-Step Process

Step 1: Identify and Draft Information on Oath

  • Identify Relevant Legislation: Determine the specific sections of the Acts of the Oireachtas that have been violated. Private Prosecutions Ireland can assist with this.

  • Draft Information on Oath: Prepare a brief account detailing the state employee’s unlawful actions, including the date, name, and location of the offence and the details of the individual. Here is a template for the Information on Oath that you can use.

Step 2: Obtain a Summons from the Peace Commissioner

  • Submit Information on Oath: Present the drafted Information on Oath to the Peace Commissioner.

  • Receive Summons: Upon signing your Information on Oath, the Peace Commissioner is legally required to provide a summons. This obligation is mandated by the Petty Sessions (Ireland) Act 1851, which does not allow for discretion once Information under Oath is given. Here is a sample summons template.

Step 3: Serve the Summons and File Documents

  • Prepare Documents: After receiving the summons, affix a €15 duty stamp on it. Make two copies of the summons and one copy of the Information.
  • Serve Summons: Serve one copy of the summons to the defendant. Keep the hard copies of the summons and Information and make digital copies for safe keeping.
  • Lodge Documents: Draft a statutory declaration of service and lodge all original documents (summons, Information, and declaration) into the District Court at least four days before the summons date. It is advisable to serve the summons four weeks in advance and lodge the documents at least one week before the court date.
  • Follow Court Rules: Adhere to Rules 18 and 22 of the District Court (Service) Rules 2012.

Court Proceedings

Important Considerations

  • Honesty Under Oath: Providing false information under oath is a serious indictable offense. You could face prosecution for perjury, corruption, offenses against the state, and fraud. The penalties include unlimited fines and potential life imprisonment. Always ensure that the information you provide is truthful.
  • Exercise Your Rights: Do not hesitate to exercise your legal rights. The Courts of Justice are there to serve you, and judges are committed to serving justice. By exercising your rights, you ensure access to legal recourse through the Irish justice system

Bringing Your Complaint Directly to the High Court

You also have the option to bring your complaint directly to the High Court. The Constitution of Ireland permits presenting a case directly to the High Court under Article 34.3, seeking legal recourse as per Article 40.3. The High Court of Ireland, being a court of first instance with original jurisdiction, allows anyone in Ireland to bring any legal matter before it initially. High Court Judges are required to provide recourse under Article 40.3 when Article 34.3 is invoked. Constitutional law in Ireland is paramount, and you have the right to exercise your constitutional rights if you choose not to engage with statute law. If you would rather bring your complaint to the High Court click here.

Remember, telling the truth is paramount for justice to prevail.

If you need any help with this please get in touch;

Private Prosecutions Ireland
Reynella, Westmeath, N91 PYY3
📧 Email: psia1851@gmail.com
📞 Phone: +353 85 1152277


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