Criminal Justice Act, 1951
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Summary trial of indictable offences. |
2.—(1) (a) In this Act, “scheduled offence” means— | |
(i) an offence specified in the First Schedule to this Act, or | ||
(ii) an indictable offence declared to be a scheduled offence by an order under paragraph (b) for the time being in force. | ||
(b) The Minister for Justice may by order declare that any specified indictable offence shall be a scheduled offence. | ||
(c) An order shall not come into force unless approved by resolution of each House of the Oireachtas but, upon being so approved, shall come into force forthwith. | ||
(2) (a) The District Court may try summarily a person charged with a scheduled offence if— | ||
(i) the Court is of opinion that the facts proved or alleged constitute a minor offence fit to be so tried, and | ||
(ii) the accused, on being informed by the Court of his right to be tried with a jury, does not object to being tried summarily. | ||
(b) A person shall not be tried summarily for an offence specified in the First Schedule at reference numbers 1, 2 or 3 or for an attempt to commit such an offence unless the Attorney General has consented to his being so tried. | ||
(3) This section shall not prevent the Court from sending forward a person for trial for a scheduled offence. |