Criminal Justice Act, 1951

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.