Criminal Law (Rape) Act, 1981
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Summary jurisdiction. |
12.—(1) A justice of the District Court shall have jurisdiction to try summarily an offence to which section 10 or 11 relates if— | |
(i) 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, | ||
(ii) the Director of Public Prosecutions consents, and | ||
(iii) 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 to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both such fine and such imprisonment. | ||
(2) Section 13 of the Criminal Procedure Act, 1967 (which provides for the procedure where a person pleads guilty in the District Court to an indictable offence) shall apply in relation to an offence mentioned in subsection (1) as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalties provided for by subsection (1) of this section and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in subsection (3) of that section shall be construed accordingly. | ||
(3) Section 2 of the Criminal Justice Act, 1951 (which provides for the indictable offences which may be tried summarily with the consent of the accused) shall not apply to an offence to which section 10 relates. |