summary/indictment

legologic

What is a summary conviction and what is conviction by indictment? Under what circumstances would one apply instead of the other?

hullaballoo

A summary conviction is when you are tried by a judge alone. It applies to non-serious offences like driving offences and parking tickets etc. I'm open for correction on this one, but I think that if a case is heard in the district court, then it is a summary hearing. Otherwise it is an indictment.

Indictments are held before a jury and are for serious offences.

dermot_sheehan

legologic wrote:

What is a summary conviction and what is conviction by indictment? Under what circumstances would one apply instead of the other?

Basically as hullaballo said, summary trials heard by district court judge sitting alone, maximum penalty he can impose is a 12 month sentance.

Trials on indictment heard in circuit court or for reserved offences the central criminal court. Heard in front of a judge and jury.

Some crimes are summary only, (e.g. speeding, simple assault) must be heard in district court. Some are indictment only (e.g. murder, rape) and can only be heard by a jury. Some however are eitherway offences where if the DPP, district judge and the defendent after being informed of his right to a jury trial and chosing to waive it agree, it can be heard in the district court (e.g. theft). The benefit for the defendent is the maximum penalty is 12 months, for the state is that they avoid the expense of a jury trial.


On a practical note, you're more unlikely to go to prison for a conviction in the district court ehn after a full jury trial by the circuit court.

Eru

MOre or less whats been said but 2 minor changes:

gabhain7 wrote:

summary trials heard by district court judge sitting alone, maximum penalty he can impose is a 12 month sentance.

Not exactly. Most summory offences carry a maximum of 1 year however the court itself has powers to sentence upto 2 years if the offence allows it.

gabhain7 wrote:

Some are indictment only (e.g. murder, rape) and can only be heard by a jury.

Theres actually an allowance for summary disposal of all crimes even the most severe ones such as murder and rape however its not done for obvious reasons.

dermot_sheehan

Karlitosway1978 wrote:

MOre or less whats been said but 2 minor changes:


Not exactly. Most summory offences carry a maximum of 1 year however the court itself has powers to sentence upto 2 years if the offence allows it.


Theres actually an allowance for summary disposal of all crimes even the most severe ones such as murder and rape however its not done for obvious reasons.

As far as I know the jurisdiction is limited to 12 months for a first offence, though I'll have to check that up.

There is provision for summary disposition of all indictable crimes except reserved ones (that are required to be tried by the central criminal court), these are murder, capital murder, rape, treason, piracy, genocide and a grave breach of the geneva conventions act. See s. 13 of the Criminal Procedure act 1967 http://www.irishstatutebook.ie/ZZA12Y1967S13.html as amended by s. 20 of the Criminal Law Rape (Amendment) Act 1990.

http://www.irishstatutebook.ie/ZZA32Y1990S20.html

Victor

gabhain7 wrote:

The benefit for the defendent is the maximum penalty is 12 months, for the state is that they avoid the expense of a jury trial.

At times you may get an easier hearing from a judge, than in front of a jury and the media it would attract.

Eru

gabhain7 wrote:

As far as I know the jurisdiction is limited to 12 months for a first offence, though I'll have to check that up.

There is provision for summary disposition of all indictable crimes except reserved ones (that are required to be tried by the central criminal court), these are murder, capital murder, rape, treason, piracy, genocide and a grave breach of the geneva conventions act. See s. 13 of the Criminal Procedure act 1967 http://www.irishstatutebook.ie/ZZA12Y1967S13.html as amended by s. 20 of the Criminal Law Rape (Amendment) Act 1990.

http://www.irishstatutebook.ie/ZZA32Y1990S20.html

Gabhain,
I checked this out with a senior and more experienced person within the court system and I have the full explanation. You can only get 12 months for every charge sheet in front of the court upto a max of 2 years. So 1 charge = 12 months. 2/3/4/5 = 2 years.

We were both right and wrong

legologic

Thanks all.

dermot_sheehan

Karlitosway1978 wrote:

Gabhain,
I checked this out with a senior and more experienced person within the court system and I have the full explanation. You can only get 12 months for every charge sheet in front of the court upto a max of 2 years. So 1 charge = 12 months. 2/3/4/5 = 2 years.

We were both right and wrong

Cheers for checking that up, for some reason 12 months was in my head.