"Summarily" and "On Indictment"

Big Lar · 24-08-2011 9:29am #1

Summarily and On Indictment, What's the difference ?

Thanks in advance.

jblack · 24-08-2011 10:00am

Sesame Street answer:
Judge only - summarily
Judge & jury - indictment

Criminal Law
Due to our constitution everyone has the right to be tried in front of a jury, however there are certain offences that can be dealt with without a full trial being necessary.

NoQuarter · 24-08-2011 10:26am

You can also have a choice, if you choose summarily (saves time and money) the penalties are lower.

If you choose trial by indictment (costs more to pay for a jury etc etc) the penalties shoot way up.

coylemj · 24-08-2011 11:04am

Summarily Case is dealt with in the District Court, the judge alone hears the evidence, decides whether you're guilty or not guilty and imposes a sentence if you're found guilty.

Some crimes like rape and murder cannot be dealt with in the District Court. With others, the judge might or might not accept jurisdiction. For example, a shoplifter who steals something worth 10 euros will probably have the case heard in the District Court but if someone robbed a TV shop of 20,000 euros worth of goods, the District Justice would send it up to the Circuit Court

On Indictment Essentially means it goes up to the Circuit (Criminal) Court or the Central Criminal Court (the criminal division of the High Court) or the Special Criminal Court. If you plead not guilty in the Circuit or Central Criminal Court, a trial will be held with a jury.

Before the case is heard you will be supplied with a Book of Evidence which will outline the prosecution case against you, including copies of witness statements.

Penalties are typically much higher on indictment.

Tactical selection: A career criminal who is charged with a relatively 'minor' burglary would opt (if given the choice) for a District Court hearing where the maximum penalty is lower. The Gardai however might advise the DPP that the guy is a serial burglar who is terrorising the neighbourhood in which case the DPP can force the District Court to send it up to the Circuit Court where the guy would be exposed to a much harsher penalty.

So there are a number of reasons why the case might be sent up: (1) the District Court has no jurisdiction (2) The District Court refuses jurisdiction, typically because of the seriousness of the case (3) The accused is offered the option and elects for a trial by jury (4) The DPP forces the court's hand by issuing a writ of indictment so the District Court cannot hear the case (5) The DPP certifies that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order in which case it will be sent to the Special Criminal Court (Bunreacht na hEireann 38.3.1). This typically happens in the case of terrorist offences or where there is a high risk of the jury being nobbled or intimidated.