Waiving the right to trial by jury

xoxyx

Hey all,

I have a quick question.

In Ireland, can a Defendant, in any set of criminal proceedings in the Circuit or Central Criminal Court where they would normally have the right to trial by jury, waive that right? I've come across something in a paper that says only 13% of Defs exercised their right to a jury in the Circuit Court in 2010, but I can't find anything online (I think I'm searching stupid tonight! )

Thanks!

Edit. Just looking at the Constitution and it seems that, in certain circumstances in the District Court, a Defendant may choose between trial by jury or trial without, but for more serious offences, trial shall be by jury which would seem to mean that it can't be waived.

NoQuarter

As far as I know yes you can.

Persons can choose a summary trial which carries a smaller penalty, that is why some people choose to waive their right to Trial by indictment or a trial by jury in other words..

Im open to correction though.

Tom Young

See here: http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0053.html#sec53 though it relates to Hybrid Offences in the main. The waiver can be easily invoked. Can't comment on more serious matters at the moment.

xoxyx

Ok, so it relates only to certain, specific offences. Otherwise, where an indictable offence can't be relegated to a summary trial, trial by jury is not a right which can be waived.

Maybe the 13% statistic referred to charges which may be summarily charged. I reckon that must be it. Could have been more clear!

That makes sense - unless I've got the wrong end of the stick altogether.

Thanks guys.

Reloc8

Where a person is charged with a summary offence only they have no right to a jury trial.

Where a person is charged with an indictable offence there are three
possible situations depending on the specific offence.

Some are indictable only, that means there must be a jury trial with no option for summary hearing.

Some are indictable triable summarily where the accused consents, the DPP directs summarily trial and a District Court Judge finds that the facts constitute a minor offence fit to be tried summarily. Here the accused can insist on a jury trial.

Some are indictable triable summarily but the relevant law provides that only the DPP's consent plus a District Court Judge finding that the facts constitute a minor offence fit to be tried summarily. Here the accused has no right to elect to a jury trial.

Its only the second category above where the accused can insist on jury trial. In the first and third categories they have no say in the matter.

edit : on a guilty plea any indictable offence can be dealt with in the District Court if the DPP consents and a District Judge accepts jurisdiction (facts constitute a minor offence etc. etc.)

xoxyx

Beautiful! It's all sounding so familiar now, but I couldn't figure it out last night at all.

Thanks!!

johnnyskeleton

Pleading guilty is a de facto waiver of a trial by jury, although I'm not sure that's what you're talking about.

Similarly (in addition to issues of summary trial of indictable matters above) some indictable matters can be dealt with without a jury in the special criminal court, but the accused has no right to choose this.

Also, an accused before the circuit or central criminal court can have a trial on a point of law only which doesn't have a jury.

But in any event, why wouldn't someone who is contesting a case and is entitled to a jury not want a jury trial? Apart that is from taking a summary trial in the DC to reduce the delays and higher sentencing powers of the higher courts.

Reloc8

johnnyskeleton wrote: »

But in any event, why wouldn't someone who is contesting a case and is entitled to a jury not want a jury trial? ... higher sentencing powers of the higher courts.

This.

(also re trial before Circuit/Central on point of law, that's not really waiving the right to jury trial if you're referring to S. 4E Criminal Procedure Act 1967 - if the application to dismiss is unsuccessful the case will still proceed before a jury if a plea of not guilty is entered.

johnnyskeleton

Reloc8 wrote: »

(also re trial before Circuit/Central on point of law, that's not really waiving the right to jury trial if you're referring to S. 4E Criminal Procedure Act 1967 - if the application to dismiss is unsuccessful the case will still proceed before a jury if a plea of not guilty is entered.

Yes but in practical terms there is no point in such an application unless the case stands or falls on the point. In a way, you are waiving or at least undermining your right to a trial by jury if you go by way of 4E and lose.

jakdelad

xoxyx wrote: »

Hey all,

I have a quick question.

In Ireland, can a Defendant, in any set of criminal proceedings in the Circuit or Central Criminal Court where they would normally have the right to trial by jury, waive that right? I've come across something in a paper that says only 13% of Defs exercised their right to a jury in the Circuit Court in 2010, but I can't find anything online (I think I'm searching stupid tonight! )

Thanks!

Edit. Just looking at the Constitution and it seems that, in certain circumstances in the District Court, a Defendant may choose between trial by jury or trial without, but for more serious offences, trial shall be by jury which would seem to mean that it can't be waived.

you have very little rights
i find myself agreeing with this gentleman
http://www.youtube.com/watch?v=hWiBt-pqp0E

xoxyx

Oh, I wouldn't go that far. It seems to me as though the "right of an accused to trial by jury" is a misnomer. It's not a right of an accused, but is rather a constitutional provision governing the trial of certain actions deemed to be necessary of such, whether rightly or wrongly.

I, for one, am all for trial by jury (particularly if I was being tried for a serious offence that I was guilty of)!

In a pure hypothetical, I wonder how things would go if trial by jury was in place in the District Court for minor offences. I get the feeling that a jury would be a lot less tolerant than the Judges are in a lot of cases.

Might be an interesting thread here in LD if it hasn't been done already.