Consumer Protection Act 2007
Summary trial of persons indicted. |
83.— (1) If a person is indicted for an offence under this Act, the District Court may try the person summarily if— | |
(a) the court is of opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily, | ||
(b) the accused, on being informed by the court of his or her right to be tried with a jury, does not object to being tried summarily, and | ||
(c) the Director of Public Prosecutions consents to the accused being tried summarily for the offence. | ||
(2) On conviction by the court for an offence under section 65 (2) that is tried summarily under subsection (1), the following apply: | ||
(a) the accused is liable to the following fines and penalties: | ||
(i) if it is a first conviction for an offence under this Act, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both; | ||
(ii) if it is not a first conviction for an offence under this Act, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both; | ||
(b) section 80 (respecting liability for costs and expenses of proceedings and investigation); | ||
(c) section 82 (publication of a corrective statement). | ||
(3) However, if after conviction referred to in subsection (2), the accused continues to contravene section 65 (1), the accused is guilty of a further offence on each day that the contravention continues and for each such offence is liable— | ||
(a) on summary conviction, to a fine not exceeding €500, and | ||
(b) on conviction on indictment, to a fine not exceeding €10,000. | ||
(4) On conviction by the court for any offence that is tried summarily under subsection (1) other than an offence under section 65 (2), the following apply: | ||
(a) the accused is liable to the fines and penalties described in section 79 (1) (respecting fines and penalties); | ||
(b) section 80 (respecting liability for costs and expenses of proceedings and investigation); | ||
(c) section 82 (publication of a corrective statement). |