Criminal Justice (Verdicts) Act, 1976

Number 34 of 1976

CRIMINAL JUSTICE (VERDICTS) ACT, 1976

ARRANGEMENT OF SECTIONS

Number 34 of 1976

CRIMINAL JUSTICE (VERDICTS) ACT, 1976

AN ACT TO AMEND THE LAW RELATING TO THE CRIMINAL JURISDICTION OF COURTS. [7th December, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Jurisdiction and powers of criminal court sitting without jury in relation to verdicts and other findings.

1.—(1) Subject to subsection (3) of this section, where a person is lawfully before a court for trial for an offence, and the trial is being or to be held without a jury, the court shall have the same jurisdiction and powers to give any verdict or make any finding as the court or jury would have—

(a) if the court were a court sitting with a jury, and

(b) (in case the offence is triable only summarily) if the offence were triable on indictment,

and enactments and rules of law relating to a verdict or finding of a jury shall, with any necessary modifications, apply accordingly.

(2) Where a person is lawfully before a court charged with an offence, the court shall have jurisdiction to convict the person, on a plea of guilty, of another offence with which he is not specifically charged and of which he could be convicted by that court after trial for the offence specifically charged.

(3) Nothing in subsection (1) of this section shall be construed as conferring on the District Court any powers exercisable under section 17 of the Lunacy (Ireland) Act, 1821, or section 2 of the Trial of Lunatics Act, 1883.

(4) Section 39 (1) of the Criminal Justice Administration Act, 1914, is hereby repealed.

Short title.

2.—This Act may be cited as the Criminal Justice (Verdicts) Act, 1976.