Failure to deliver summons biggest strike-out reason

MORE THAN one in three penalty point cases are being struck out because gardaí have not delivered the summons, new figures show.

This was the main reason that 39,000 out of some 57,554 penalty point cases before the courts in the final six months of 2007 did not result in a conviction.

Figures obtained from the Courts Services show that over that period, 21,429 penalty point cases were struck out for this reason. A further 13,447 were struck out mainly because the driver claimed they had not received the penalty points notification in the post. When cases dismissed, withdrawn or dealt with under a community service order are included, fewer than one in three penalty point cases resulted in conviction.

The figures highlight a key failing of a system designed to reduce the administrative burden on gardaí and deflect minor traffic offences away from the courts. Last year, more than 145,000 penalty point cases came before the courts. There were 198,000 speeding offences detected in 2007. The data suggests that huge numbers of motorists are ending up in court over penalty points.

In a letter to the Department of Transport last year, the Courts Service called for an urgent review of the penalty point legislation to address this issue.

The Courts Service wants this problem resolved before the introduction of speed cameras.

A spokesman for the Garda press office said that rather than speculate on reasons for non-service of summons by gardaí, the Assistant Commissioner with responsibility for Traffic will be "examining the figures provided with a view to ascertaining the background to them".