Local Government (Planning and Development) Act, 1982
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Certain offences may be tried summarily. |
9.—(1) A Justice of the District Court shall have jurisdiction to try summarily an offence referred to in section 8 (3) of this Act, or an offence under section 8 (4) of this Act if— | |
(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily, | ||
(b) the Director of Public Prosecutions consents, and | ||
(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily, | ||
and, upon conviction under this subsection, the said defendant shall be liable— | ||
(i) in case he is convicted of an offence so referred to, to a fine not exceeding £800, or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, | ||
(ii) in case he is convicted of an offence under the said section 8 (4), to a fine (not exceeding £800 in all) not exceeding £150 for each day during which the offence is continued, or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment. | ||
(2) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence referred to in subsection (1) of this section as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalty provided for by subsection (1) of this section in relation to the offence, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly. |