has not been served on the person who was served with the infringement notice. Note Note to s. 40(3) See also sections 80 and 85 of the Criminal Procedure Act amended by No. 68/2009 2009. s. 97(Sch. item 70.10). (4) This section does not apply to an infringement S. 40(4) inserted by offence alleged to have been committed by a child No. 32/2006 and the Children, Youth and Families Act 2005 s. 22(3), amended by applies in respect of such an infringement offence. Nos 48/2006 s. 42(Sch. item 18.4), 18/2010 s. 41, 64/2010 s. 58(1). Note Note to s. 40(4) See section 344A of the Children, Youth and Families Act inserted by No. 64/2010 2005 and clause 17 of Schedule 3 to that Act for time limits s. 58(2). applying to infringement offences in relation to children. * * * * * S. 40AA inserted by No. 18/2010 s. 42, repealed by No. 64/2010 s. 59. 40A Going to Court—indictable offences S. 40A inserted by No. 9/2008 If a person has been served with an infringement s. 15, notice in respect of a lodgeable infringement amended by No. 68/2009 offence which is an indictable offence and the s. 97(Sch. person elects under this Part to have the matter item 70.11). heard and determined in the Court or an enforcement agency refers the matter to the Court under this Part, section 28 of the Criminal Procedure Act 2009 applies as if the person had been charged before the Court with that indictable offence.
has not been served on the person who was served with the infringement notice. Note to s. 40(3) amended by No. 68/2009 s. 97(Sch. item 70.10). Note See also sections 80 and 85 of the Criminal Procedure Act 2009. S. 40(4) inserted by No. 32/2006 s. 22(3), amended by Nos 48/2006 s. 42(Sch. item 18.4), 18/2010 s. 41, 64/2010 s. 58(1). (4) This section does not apply to an infringement offence alleged to have been committed by a child and the Children, Youth and Families Act 2005 applies in respect of such an infringement offence. Note to s. 40(4) inserted by No. 64/2010 s. 58(2). Note See section 344A of the Children, Youth and Families Act 2005 and clause 17 of Schedule 3 to that Act for time limits applying to infringement offences in relation to children. S. 40AA inserted by No. 18/2010 s. 42, repealed by No. 64/2010 s. 59. * * * * * S. 40A inserted by No. 9/2008 s. 15, amended by No. 68/2009 s. 97(Sch. item 70.11). 40A Going to Court—indictable offences If a person has been served with an infringement notice in respect of a lodgeable infringement offence which is an indictable offence and the person elects under this Part to have the matter heard and determined in the Court or an enforcement agency refers the matter to the Court under this Part, section 28 of the Criminal Procedure Act 2009 applies as if the person had been charged before the Court with that indictable offence.
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