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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice
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My son has just received a summons to appear on the 17th July

Customer Question

My son has just received a summons to appear on the 17th July for a purported offence under Section 2(1)(a) and 8 of the Sporting Events (Control of Alcohol etc) Act 1985. He wasn't charged or arrested at the time although had a can of lager taken from him. The Summons came out of the blue - does he have any defence re the length of time or the fact that he wasn't charged?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Do you 17 July 2012?
Customer: replied 4 years ago.


The offence was dated on the summons as 16/03/2013 and he is summoned to appear on the 17/07/2013

Expert:  Jo C. replied 4 years ago.
Yes, but Whats the date of the incident please?
Customer: replied 4 years ago.


As I said, the date of the incident was 16/03/2013

Expert:  Jo C. replied 4 years ago.
Thanks. I had thought that was an error.

Is there any reason you think there might be a time barring issue? This would seem to be only a month from the incident?
Customer: replied 4 years ago.

Well, it was actually 4 months ago, he wasn't charged at the time, wasn't informed that an offence had been committed and the Summons came as a complete shock and out of the blue. Why wasn't he chared at the time or even told that an offence had been committed and canthey do so now?

Expert:  Jo C. replied 4 years ago.
I see what you mean.

I am sorry but its bad news. This is a summary only offence and so they are under time pressure. They do have six months from the date of the incident to lay an information before the court. Clearly they are in time.

They do not have to stop and give him a NIP or other notification at scene. This is not a road traffic offence.

The reason they have summonsed him is that he wasn't arrested reflecting the relatively trivial nature of the offence he faces.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.

Does he have any defence? Will he be fined?

Expert:  Jo C. replied 4 years ago.
If he did have a can on him at a qualifying event them he doesn't have a substantive defence but it will only lead to a fine.
Its not a criminal offence that impacts on character really.

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