What does a charge mean?

A charge is when the Gardaí officially begin a prosecution against you for a specific offence.

What is a charge sheet?

A charge sheet records the details of the offence that you have been charged with.  

How am I charged?

The Garda will read the charge sheet to you and give you a copy. He or she will ask you whether you want to say anything about the charge. Anything you say will be written down and will be used as evidence when you go to court.

What happens after I have been charged?

After you have been charged, you will either:

• be released on bail and required to go to the District Court within a certain period of time,

usually 30 days (you will be granted bail in the Garda station); or

 • be brought by the Gardaí to the District Court as soon as possible.

Do I have to be charged before I can be prosecuted for an offence?

No. You could also be summonsed to appear in court. In these cases, the summons will either be delivered to your home or handed to you. The summons will give details of what you should do and where and when you must attend court. If you do not attend the court (as the summons instructs), a bench warrant could be issued for your arrest.

How quickly must the Gardaí charge or summons me?

For very minor offences, the Gardaí must start the prosecution within six months of the date of the offence. For all other offences (including minor thefts such as shop-lifting), there is no definite time limit.

When can the Gardaí detain me for questioning?

A number of pieces of legislation allow the Gardaí to detain you in a Garda station when they are investigating a criminal offence. The length of time they can keep you at the station will depend on the offence they are investigating . In some circumstances, a Superintendent or a Chief  Superintendent can extend your detention period up to a maximum of two days. However, if you are suspected of certain offences, a District Court judge can further extend your detention up to a maximum of seven days.

Do I have to be physically brought in front of a judge after the time limit for detention on Garda authority has run out?

Yes, when Garda authority for detention has run out, you must be either released or brought physically before a court.