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Non jury trials.

Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Minor offences.


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    In short you get a jury trial for :-

    - Indictable offences triable on indictment only.

    - Indictable offences triable summarily where you have a right of election and exercise that right, or where the DPP directs a trial on indictment, or where the District Court Judge considers that the matter is too serious to deal with in the District Court.

    - Indictable offences triable summarily where you don't have a right of election and the DPP directs trial on indictment or the District Court Judge considers the matter is too serious to deal with in the District Court.

    That is assuming that the DPP does not seek that the matter is returned to the Special Criminal Court.

    Discussion of the question in this thread (although you have to filter out the incorrect responses) http://www.boards.ie/vbulletin/showthread.php?p=75037490


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    GCDLawstudent wrote: »
    Minor offences.

    That's when you're entitled to have the matter disposed of summarily.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Reloc8 wrote: »
    - Indictable offences triable on indictment only.
    Are there many of these? I thought that defendants were entitled to choose a judge only, even if they were entitled to a jury trial, e.g. if they fest they had a better chance in front of a judge or wanted to reduce the publicity.


  • #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Rape, murder are the most common. S. 4 Non-Fatal Offences Against the Person Act 1997 (Assault causing serious harm) comes to mind. Sorry - bit distracted at the moment or I would add a few more.


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  • #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Leaving aside the issue of trial of offences by the special criminal court (which is normally scheduled offences under the offences against the state act or where the dpp directs) summary trials without a jury only occurs where the statute provides a certain punishment upon summary disposal, or it is one of the offences scheduled to the 1951 criminal justice act.

    s. 12 of the Criminal Law (Rape) Act 1981 allows summary disposal of cases of indecent assault.
    http://www.irishstatutebook.ie/1981/en/act/pub/0010/sec0012.html#sec12


  • #8
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Victor wrote: »
    Are there many of these? I thought that defendants were entitled to choose a judge only, even if they were entitled to a jury trial, e.g. if they fest they had a better chance in front of a judge or wanted to reduce the publicity.

    If there is a guilty plea a jury is not empanelled. The judge hears the evidence for the purpose of imposing sentence. There is normally a discount for a guilty plea. It is still a trial on indictment and all of the consequences of being convicted on indictment ensue.


  • #9
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Victor wrote: »
    Are there many of these? I thought that defendants were entitled to choose a judge only, even if they were entitled to a jury trial, e.g. if they fest they had a better chance in front of a judge or wanted to reduce the publicity.

    Sorry I should also have said that even if the defendant wants to elect for summarily trial, they do not have an option on forcing one. Where there is a right of election the District Court Judge or the DPP can still send the case for trial on indictment.


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