The Petty Sessions (Ireland) Act 1851 and the Role of Private Prosecutions Ireland Limited in Prosecution of Complaints



The Petty Sessions (Ireland) Act 1851 and the Role of Private Prosecutions Ireland Limited in Prosecution of Complaints

Section 10 of the Petty Sessions (Ireland) Act 1851 grants authority for a complaint to be made to any Justice of the Courts or a Peace Commissioner concerning an alleged offence. The relevant section of the Act provides:

"Whenever information shall be given to any justice that any person has committed or is suspected to have committed any offence, within the limits of the jurisdiction of such justice, for which such person shall be punishable either by indictment or upon a summary conviction, it shall be lawful for such justice to receive such information or complaint, and to proceed in respect to the same, subject to the following provisions."

Subsection 1 of Section 10 further specifies that the Justice or Peace Commissioner may determine the manner in which the complaint is received. It states:

"Whenever it is intended that a summons only shall issue to require the attendance of any person, the information or complaint may be made either with or without oath, and either in writing or not, according as the justice shall see fit."

Subsection 3 empowers the Justice or Peace Commissioner to bind the complainant to appear at court to prosecute or give evidence. The provision states:

"Whenever any such information shall have been taken on oath and in writing that any person has committed or is suspected to have committed any indictable crime or offence (or any offence for which such person shall be punishable upon summary conviction, and for whose arrest the justice shall issue a warrant), it shall be lawful for the justice, if he shall see fit, to bind the informant or complainant by recognizance (A) or (C.) to appear at the court or place where the defendant is to be tried or the complaint is to be heard to prosecute or give evidence, as the case may be, against such person."

In this instance, I, as the named complainant, and Private Prosecutions Ireland Limited (of which I am the director) as the named prosecutor, are bound by the provisions of the Petty Sessions (Ireland) Act 1851 to return and prosecute this complaint. As such, I am duly authorised in accordance with law to act for this purpose, as per Article 30.3 of the Constitution of Ireland, which states:

"All crimes and offences prosecuted in any court constituted under Article 34 of this Constitution other than a court of summary jurisdiction shall be prosecuted in the name of the People and at the suit of the Attorney General or some other person authorised in accordance with law to act for that purpose."

This constitutional and statutory framework empowers Private Prosecutions Ireland Limited to accept complaints made on affidavit and to bring those complaints before the High Court for the issuance of summonses for any state employee or their legal representatives alleged to have contravened any Acts of the Oireachtas. Such complaints may be heard in the Courts of First Instance, which includes the High Court, which is vested with full original jurisdiction to determine all matters and questions of law or fact, civil or criminal, in accordance with Article 34.3.1° of the Constitution of Ireland.

It is therefore clear that Private Prosecutions Ireland Limited, under my direction, is authorised and empowered to undertake the prosecution of complaints and take the necessary steps to ensure justice is upheld in accordance with the law.



Popular posts from this blog

Facilitating Access to Justice

Facilitating Access to Justice: Upholding Ireland’s Constitutional Promise Promoting access to justice safeguards fairness, accountability, and the enduring principles of Ireland’s Constitution. The rights enshrined in our foundational document—equality, dignity, and justice—are not abstract ideals but actionable promises for every individual. My mission is to empower citizens to claim these rights, ensuring Ireland’s justice system serves all equitably. 2024 Achievements: Advancing Equity 1. Expanding Access to Justice In October 2024, I secured a landmark High Court ruling exempting Article 40.4 cases—which protect personal liberty—from stamp duty fees 6 9 .  This critical decision removes financial barriers, empowering individuals to challenge rights violations in the Superior Courts and reinforcing the Constitution’s guarantee of liberty. 2. Strengthening Accountability Drawing on Articles 34.1 and 38.5, I developed a transparent framework for jury trials addressing public offi...
Read more

Superior Court Progress 2025

Communities Right to Consultation H.J.R2024.588 On the 29th of April 2024 I commenced a Constitutional challenge of a statutory instrument  which deprived communities across Ireland of their Constitutional & Statutory right to be consulted concerning certain developments in their communities. On the 14th of January 2025 I filed over 500 pages of sworn testimony into the High Court concerning alleged crimes committed by Darragh O`Brien and his principle officer for their involvement in creating and subsequent cover up of this unlawful statutory instrument S.I.376/2023 . I asked Justice David Holland on the 20th of January to issue a summons against Darragh O`Brien for the alleged offences and the Judge refused this request even though he was obliged to issue the summons under Section 10 of the Petty Sessions Ireland Act, 1851 On the 15th of January 2025 the  Ceann Comhairle sent me a letter asserting that the quorum was reduced from 20 to 5 in January 2021. I immediate...
Read more

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

Image
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...
Read more