Non-Summons Commencement
Warrant in Lieu Summons
A warrant may issue from the court in lieu of a summons for indictable offences. This is appropriate only in cases of a serious nature where a summons is likely to be insufficient to ensure the attendance of the accused.
An application for a warrant may be made by a complaint to a Judge on oath and in writing. The Judge may issue the warrant if the person decides or if the offence has been committed within his jurisdiction. The warrant should state that it is based on information on oath. It must identify the person to be arrested. The warrant is to be signed by the Judge.
Where an information is made on oath and in writing, the Judge may bind the informant by recognizance to appear at the court where the person against whom the complaint was made is to be tried, Â to give evidence in the matter of the complaint.
The Judge may on an application for a warrant issue a summons instead of requiring the appearance of the person.  A person who has been arrested without a warrant may be brought to a Garda station, charged and released on station bail. Where he is arrested without a warrant,  is not released on station bail he is brought before the District Court. Further charges may be added.
Charge Sheet
In each of the above procedures, a charge sheet procedure may be used in lieu of summons. Particulars of the offence are set out in a charge sheet and a copy of the particulars are furnished to the person against whom the offence is alleged. The charge sheet is lodged as soon as possible with the District Court Clerk.
The charge sheet is a police document. The making of an entry on a charge sheet is not equivalent to the making of a complaint. The charge sheet becomes a document of court only been lodged before the court and used to record the court’s decision.
Certificate of Arrest Charge and Caution
A certificate may be signed by a member of An Garda SÃochána as to a person being arrested and charged with a specified offence and caution on arrest is admissible as evidence of the content of the certificate.
A certificate purporting to be signed by a member certifying
- that the person commenced duty or replaced a specified member on duty at a time and place where the offence to which proceedings relate, is alleged to have been committed or containing evidence of the offence or
- remained on duty at the place or in relation to the place, that no person entered during a specified period without the permission of the member,
- that the evidence was not disturbed is admissible as evidence of the matter specified in the certificate.
Where a person enters upon a place above at a time no member is on duty in that place, a certificate shall state the name of the person and the purpose for which he was permitted to enter the place.
The court may if it considers if the interest of justice so require direct that all evidence be given of the matters, the subject of the certificate. The certificate shall be tendered in evidence by a member, not below the rank of Sergeant.