Indictable Tried Summarily

Indictable Offences

An indictable offence is one that is capable of being tried on indictment before a Judge and Jury. Most common law offences were triable on indictment.  This included former felonies and misdemeanours.  This categorisation of offences was abolished in 1997.

Many statutory offences are triable on indictment and/or summarily. An indictable offence is not subject to any time limit.  In contrast, the complaint in respect of summary offences must generally be made within six months or as is provided in many statutes, a longer prescribed period.

The provisions requiring that the complaint be made within six months does not apply to a complaint in respect of offences set out in the Schedule to the Criminal Justice Act 1951 or offences that are triable on indictment or summarily at the election of the prosecution or triable on indictment or triable summarily with the consent of the prosecution.  Proceedings in relation to indictable offences may be dealt with in any court area in the district.

Consent Judge Accused & DPP

There are a  long range of offences set out in the schedule to the Criminal Justice Act 1951, which  may be tried by the District Court summarily, if the Court is of the opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily, the accused on being informed of his right to be tried with a Jury does not object and the DPP consents to summary trial.

The scheduled offences include the following:

• theft and fraud offences over a certain value,
• perjury,
• riot or unlawful assembly,
• assault occasioning actual bodily harm,
• indecent assault, forgery offences.

Where a person is before the District Court in relation to an indictable offence which the District Court may hear summarily, the judge shall inform the accused of his right to be tried with a Jury and if the accused do not object to being tried summarily, the DPP consents and the Judge after hearing the facts alleged in support of the charge is of the opinion that the offence is a minor one fit to be tried summarily, may try the matter summarily.

Indictable offences heard summarily in accordance with the Criminal Justice Act 1951, is subject to a fine up to a Class A fine and to imprisonment up to 12 months or both.

Certain other offences may be tried summarily with the consent of both the accused and the DPP.  The court must be of the opinion that the offence as alleged would constitute a minor offence fit to be tried summarily.

Primarily DPP’s Decision

In the case of very many statutory offences, the offence by its terms may be tried summarily or on indictment.  In this case, it is the prosecutor’s decision were to prosecute summarily, the Judge in the District Court must be satisfied that the offence is a minor one.

In relation to certain types of offences, the DPP has given a general consent to members of An Garda Síochána to have them dealt with summarily in the District Court without requesting the specific consent of the DPP.  This includes the possession of controlled drugs.  However, even in these cases, the Garda Síochána should seek directions, where in the particular circumstances including the previous record and multiplicity of offences that the District Court sentences may not be adequate.

Although in the case of the many statutory offences which may be tried summarily or on indictment, it is the right of the prosecutor is to decide,  the District Judge must be satisfied that it is an offence fit to be tried summarily.  Where Judge forms the opinion that the offence is of a non-minor nature, it may not be heard summarily.

If the judge forms an opinion in relation to whether the offence is a minor one, the superior courts will not generally interfere by way of a judicial review other than where it is unsupported by any evidence or has no rational basis.

Summarily after Guilty Plea

There is a further category of offences that may be dealt with in the District Court following a guilty plea. The DPP in deciding whether to elect or consent to summary disposal, whether on a plea of guilty or otherwise, takes account of whether the sentencing options which are open to the Judge are adequate to deal with the conduct complained of, and in particular the seriousness of the offence.

Indictable offences except for murder, piracy, attempt to murder, conspiracy to murder, genocide and certain other very serious offences including offences by way of accessory before or after the fact in relation to them, may be dealt with on a plea of guilty in the District Court with the consent of the DPP. The provisions do not apply to rape, aggravated sexual assault, offences relating to possession of drugs more than (€12,697) and certain other drugs offences.

The District Court must ascertain whether the person wishes to plead guilty and be satisfied that he understands the nature of the offence and the facts alleged.

On conviction in such a case, the person is liable to imprisonment up to 12 months and/or Class A fine (€5,000). Where there is a possibility of a custodial sentence, the trial Judge should permit an accused person who has pleaded guilty to change his plea to not guilty before a custodial sentence is imposed.