Why Wasn’t the Garda Who Arrested Me in Court Today?

Day 9 of 10 – Facing Court in Ireland: What You Need to Know

This is part of a 10-day series answering the most common fears people have about facing court in Ireland—particularly for drink driving and road traffic cases. If you’ve been arrested, or someone close to you has, you’re in the right place.

You show up to court. You look around. The Garda who arrested you isn’t there.

And you wonder:

Does this mean the case will be thrown out?

It’s a perfectly reasonable question and also surprisingly common.

But here’s the answer: No, they don’t need to be there—at least not yet.

"I realise that it may seem like hell.

But as Churchill once wrote:

“When you’re going through hell, keep going"

The first court date is procedural. In fact, so is the second. They’re known as “mention” dates. No evidence is heard. No witnesses are called. No trials are held.

In fact, Gardaí often have no idea your case is listed on that day.

Why?

Because the real trial date—the date when evidence is actually heard—hasn’t been set yet. And that’s the only date the Garda witnesses must attend.

Clients are often surprised when I tell them this.

Some even feel disappointed. They were hoping the case might collapse right then and there. But that’s not how the system works. And knowing this gives you power.

Power to prepare. Power to plan. Power to keep going.

Because if you plead guilty too early, hoping to get it “over with,” you’re guaranteeing a conviction. And that means a guaranteed driving ban.

Think of it logically. If the Garda who arrested someone had to be in court every time that person appeared before the courts, there'd be as many Gardai in court as defendants.

It'd be chaotic.

So the system has long decided that Gardai are only really required in court on the day of a person's trial. That's usually the third day the case appears in court.

And why are there so many days? Because cases that come into court are divided into two categories: those who plead guilty can usually be dealt right away. Usually.

They're in one category.

But the rest, those who intend to fight the charges, are in another category. They're assigned another date, a future date. This is the trial date.

So, stay calm and get ready for a fight ahead.

Then you still have a shot.

I realise that it may seem like hell.

But as Churchill once wrote: “When you’re going through hell, keep going”.

After all, it’s the choice between going off the road or driving home.

And everybody wants to drive home.

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Tomorrow’s final post in this series tackles a big question: “Are court cases public?” We’ll talk media, reputation, and what really shows up online.