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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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I got a litter fine from my local council. I was fined under

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I got a litter fine from my local council. I was fined under Section 3(1) which is littering that is visible to any extent from a public place. What I done was put a bag of my rubbish into the bins at my sons apartment. This would be covered under Section 3(3), I think. Will I still have to pay fine even though it is wrong section?

Buachaill :

1. The way the system works is that you will get this fixed fine from the Council but if you fail to pay it, then it will be followed by the issue of a Summons for the offence under the Litter Pollution Act, 1997. At any time before conviction, the prosecution can seek to amend the Summons. So if you raise the issue that this is really a case under some other subsection of Section 3, the prosecution can simply seek to amend the Summons. So an objection on the basis this offence is covered by subsection 3 will not get you anywhere should you make it. Accordingly, my simply advice to you is to pay the fine and don't repeat the process again. Be aware that you are not allowed to place your litter in someone elses litter bin. The idea is that all litter can be sourced and traced to the original owner.

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