Nadkor
28-01-2005, 18:12
Drink drive let-off for motorist
Sunday law used against summons.
28 January 2005
The 300-year-old Sunday Observance Act came to the rescue today of a motorist facing a drink driving charge.
A High Court judge held that a summons served on Paul Farrell (37), a solicitor, of North Parade, Belfast, was invalid because it took place on a Sunday.
Mr Justice Girvan said the 1695 Sunday Observance Act remains in force although the equivalent 1677 law in England and Wales had been repealed.
He said the Act had been described as "for the better observation and keeping holy the Lord's day commonly called Sunday".
The judge said the background to the Act were the words: "Remember the Sabbath day to keep it holy," which were attributed to God and said to have been spoken to Moses on Mount Sinai."
On June 10 last year police called at Mr Farrell's home to serve the summons but he was not in and they left a note.
He attended a police station on Sunday, June 13, and the summons was given.
When the case came before Belfast Magistrates Court a defence lawyer contended the summons had not been validly served because the Act stated that service could not be executed on a Sunday.
The Magistrate disagreed and the hearing adjourned so Mr Farrell could apply for a judicial review.
At the High Court hearing Crown counsel argued that due to fundamental change in public attitudes to Sunday observance the section prohibiting Sunday service of legal papers should be narrowly construed. But in today's reserved judgement Mr Justice Girvan said that as the Act remains in force it had to be applied.
"Parliament has had ample opportunity to amend or repeal the provision and has not done so," said the judge.
He quashed the Magistrate's decision but said the Crown may serve a fresh summons.
"It follows that the Resident Magistrate cannot proceed with the hearing of the complaint unless or until a fresh summons is properly issued and served," said the judge.
source (http://www.belfasttelegraph.co.uk/news/story.jsp?story=605559)
just thought it was an interesting wee story
Sunday law used against summons.
28 January 2005
The 300-year-old Sunday Observance Act came to the rescue today of a motorist facing a drink driving charge.
A High Court judge held that a summons served on Paul Farrell (37), a solicitor, of North Parade, Belfast, was invalid because it took place on a Sunday.
Mr Justice Girvan said the 1695 Sunday Observance Act remains in force although the equivalent 1677 law in England and Wales had been repealed.
He said the Act had been described as "for the better observation and keeping holy the Lord's day commonly called Sunday".
The judge said the background to the Act were the words: "Remember the Sabbath day to keep it holy," which were attributed to God and said to have been spoken to Moses on Mount Sinai."
On June 10 last year police called at Mr Farrell's home to serve the summons but he was not in and they left a note.
He attended a police station on Sunday, June 13, and the summons was given.
When the case came before Belfast Magistrates Court a defence lawyer contended the summons had not been validly served because the Act stated that service could not be executed on a Sunday.
The Magistrate disagreed and the hearing adjourned so Mr Farrell could apply for a judicial review.
At the High Court hearing Crown counsel argued that due to fundamental change in public attitudes to Sunday observance the section prohibiting Sunday service of legal papers should be narrowly construed. But in today's reserved judgement Mr Justice Girvan said that as the Act remains in force it had to be applied.
"Parliament has had ample opportunity to amend or repeal the provision and has not done so," said the judge.
He quashed the Magistrate's decision but said the Crown may serve a fresh summons.
"It follows that the Resident Magistrate cannot proceed with the hearing of the complaint unless or until a fresh summons is properly issued and served," said the judge.
source (http://www.belfasttelegraph.co.uk/news/story.jsp?story=605559)
just thought it was an interesting wee story