indictable and either way...??

jaybeeveedub

if Dehendant is to be charged with an indictable and an either way offence, in respect of the smae fact scenario, will they both necessarily be charged together or can they be charged separately... i.e. manslaughter and S.4 Assault.../???

Victor

They would be tried as one, but often the Garda / DPP may charge with a lesser "holding" offence until the facts / evidence become clear(er).

Reloc8

(anal correction by reloc8 - s. 4 assault is indictable only)

Victor is of course correct. A s. 3 assault and manslaughter can be charged together and will be tried together.

If you're asking about the situation where a person is on an indictable only, and an either way with the potential for district court resolution, in those scenarios the DPP will not consent to summary disposal in the district court on the either way, so all end up in the same court.

If a person picks up summary charges together with charges proceeding on indictment the summary charges will almost always be added to the indictment for trial in the higher court.

jaybeeveedub

hardly anal!

and thanks for the info....