Criminal Procedure Act 1967

Procedure where accused pleads guilty in District Court to indictable offence.

[1951, ss. 3, 4].

13

13. (1) This section applies to all indictable offences except the following—an offence under the Treason Act, 1939, murder, attempt to murder, conspiracy to murder, piracy, F36 [ an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006 ] F37 [ , an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000, ] F38 [ the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence, ] F39 [ or the offence of killing or attempted killing under paragraph (h) or (j) of section 2 (1) of the Maritime Security Act 2004 ] F40 [ or the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence ] F41 [ or an offence under section 71 , F42 [ 71A, ] 72 or 73 of the Criminal Justice Act 2006 ] or a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962, including an offence by an accessory before or after the fact.

F43 [ (2) If at any time the District Court ascertains that a person charged with an offence to which this section applies wishes to plead guilty and the court is satisfied that he understands the nature of the offence and the facts alleged, the Court

( a ) may, with the consent of the prosecutor, deal with the offence summarily, in which case the accused shall be liable to the penalties provided for in subsection (3), or

( b ) if the accused signs a plea of guilty, may, subject to subsection (2A), send him forward for sentence with that plea to that court to which, but for that plea, he would have been sent forward for trial.

(2A) The accused shall not be sent forward for sentence under this section without the consent of the prosecutor. ]

(3) ( a) On conviction by the District Court for an offence dealt with summarily under subsection (2) ( a), the accused shall be liable to a F44 [ class A fine within the meaning of Part 2 of the Fines Act 2010 ] or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment.

(b) F45 [ ]

(4) ( a) Where a person is sent forward for sentence under this section he may withdraw his written plea and plead not guilty to the charge.

F46 [ ( b ) In that event

(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the accused had been sent forward for trial to that court on that charge in accordance with Part IA,

(ii) the prosecutor shall cause to be served on the accused any documents that under section 4B or 4C are required to be served and have not already been served, and

(iii) the period referred to in section 4B(1) shall run from the date on which the not guilty plea is entered. ]

(5) This section shall not affect the jurisdiction of the Court under section 2 of the Criminal Justice Act, 1951.

Annotations:

Amendments:

F36

Substituted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 66, sch. 3 para. (5)(a), commenced on enactment.

F37

Inserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 8(a), commenced on enactment.

F38

Inserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 7(a), commenced on enactment.

F39

Inserted (19.07.2004) by Maritime Security Act 2004 (29/2004), s. 10(a), commenced on enactment.

F40

Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 59(a), commenced on enactment.

F41

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 78(a), S.I. No. 390 of 2006.

F42

Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 17(a), commenced on enactment.

F43

Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 10(3), S.I. No. 193 of 2001.

F44

Substituted (4.01.2011) by Fines Act 2010 (8/2010), s. 10, S.I. No. 662 of 2010.

F45

Repealed (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(3), commenced as per s. 21(2).

F46

Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 10(4), S.I. No. 193 of 2001.

Modifications (not altering text):

C17

Application of section extended (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 80(10), S.I. No. 502 of 2019.

Powers of Disciplinary Tribunal as to taking of evidence, etc.

80. (1) ...

(10) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (9), and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.

C18

Application of section extended (31.12.2016) by Customs Act 2015 (18/2015), s. 14(3), S.I. No. 611 of 2016.

Offences relating to improper importation or exportation of goods

14. (1) ...

(3) Section 13 of the Criminal Procedure Act 1967 applies in relation to an offence under this section as if, in place of the penalties specified in subsection (3) of the said section 13, there were specified in that subsection the penalties provided for by subsection (2)(a), and the reference in section 13(2)(a) of the Criminal Procedure Act 1967 to the penalties provided for in subsection (3) of that section shall be construed and apply accordingly.

C19

This section is applied with modifications made by the provisions set out below. The following sample is typical of the wording used, but there are many variations:

Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which paragraph (a) of this subsection relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in the said paragraph (a) and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

Finance Act 1992 (9/1992), s. 139(7), as inserted (18.12.2013) by Finance (No. 2) Act 2013 (41/2013), s. 56(b), commenced on enactment.

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 6(2) and (3), not commenced as of date of revision.

Finance Act 2005 (5/2005), s. 78A(5) as inserted (27.03.2013) by Finance Act 2013 (8/2013), s. 56(c), commenced on enactment.

• (8.05.2012) by European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012), reg. 11(4), commenced as per reg. 1(2).

• (1.01.2012) by Dog Breeding Establishments Act 2010 (29/2010), s. 6(3), S.I. No. 699 of 2011.

Taxes Consolidation Act 1997 (39/1997), s. 851A(10), as inserted (6.02.2011) by Finance Act 2011 (6/2011), s. 77, commenced on enactment.

• (27.09.2010) by European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. 485 of 2010).

• (3.04.2010) by Finance Act 2010 (5/2010), s. 95(2), commenced on enactment.

Customs Act 1956 (7/1956), s. 3(4) as inserted (3.04.2010) by Finance Act 2010 (5/2010), s. 96, commenced on enactment.

Finance Act 2005 (5/2005), s. 78(5A) as inserted (3.04.2010) by Finance Act 2010 (5/2010), s. 101(b), commenced on enactment.

Finance Act 2003 (3/2003), s. 79(8A) as inserted (3.04.2010) by Finance Act 2010 (5/2010, s. 100(d), commenced on enactment.

Finance Act 2001 (7/2001), s. 119(4) as inserted (3.04.2010) by Finance Act 2010 (5/2010), s. 99(b), commenced on enactment.

Finance Act 1999 (2/1999), s. 102(8) as substituted (3.04.2010) by Finance Act 2010 (5/2010), s. 98(b), commenced on enactment.

• (11.04.2009) by European Communities (Pre-packed Products) Regulations 2008, reg. 10(3), S.I. No. 566 of 2008.

• (21.11.2008) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 17(2), S.I. No. 120 of 2008.

• (20.09.2004) by Civil Liability and Courts Act 2004 (31/2004), s. 29(4), S.I. No. 544 of 2004.

• (29.3.2004) by Public Health (Tobacco) Act 2002 (6/2002), s. 5(4), S.I. No. 110 of 2004.

• by Prevention of Corruption (Amendment) Act 2001 (27/2001), s. 8A(9), as inserted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33/2010), s. 4, commenced on enactment.

• (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 7(4), S.I. No. 327 of 1998.

• (Various dates) by Taxes Consolidation Act 1997 (39/1997), s. 1078(4), commencement date subject to s. 1097.

• (Various dates) by Taxes Consolidation Act 1997 (39/1997), s. 1079(8), commencement date subject to s. 1097.

• (19.06.1996) by Dumping at Sea Act 1996 (14/1996), s. 10(3), commenced on enactment.

• (Various dates) by Finance Act 1995 (8/1995), s. 172(6), commencement date subject to s. 172(11).

Solicitors (Amendment) Act 1960 (37/1960), s. 15(4)(b) as substituted (12.05.1995) by Solicitors (Amendment) Act 1994 (27/1994), s. 25, S.I. No. 124 of 1995.

• (1.06.1992) by Building Control Act 1990 (3/1990), s. 17(3), S.I. No. 304 of 1991.

• (19.04.1989) by Data Protection Act 1988 (25/1988), s. 31(4), S.I. No. 349 of 1988.

• (22.03.1989) by International Carriage of Perishable Foodstuffs Act 1987 (20/1987), s. 11(3), S.I. No. 51 of 1989.

• (1.01.1989) by Bankruptcy Act 1988 (27/1988), s. 132(2), S.I. No. 348 of 1988.

• (22.06.1988) by Air Navigation and Transport Act 1988 (15/1988), ss. 28(4) and 29(3), commenced on enactment.

Road Traffic Act 1961 (24/1961), s. 101D(7)(c) as inserted (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 9, commenced as per s.15(5).

• (1.09.1987) by Air Pollution Act 1987 (6/1987), s. 12(2), S.I. No. 201 of 1987.

• (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 53(3), S.I. No. 357 of 1986.

• (11.03.1986) by Canals Act 1986 (3/1986), s. 7(4), commenced on enactment.

• (13.12.1983) by Control of Exports Act 1983 (35/1983), s. 3(7), commenced on enactment.

• (13.10.1983) by Companies (Amendment) Act 1983 (13/1983), s. 57(5), S.I. No. 288 of 1983.

• (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 4(3), commenced on enactment.

• (8.06.1983) by Finance Act 1983 (15/1983), s. 94(4), commenced on enactment.

• (12.04.1983) by Transport (Tour operators and Travel Agents) Act 1982 (3/1982), s. 20(5), S.I. No. 99 of 1983.

• (25.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 4(5), S.I. No. 15 of 1983.

• (28.07.1982) by Local Government (Planning and Development) Act 1982 (21/1982), s. 9(2), commenced on enactment.

• (1.01.1982) by Fire Services Act 1981 (30/1981), s. 5(4), S.I. No. 430 of 1981.

• (1.09.1981) by Merchant Shipping (Certification of Seamen) Act 1979 (37/1979), s. 5(3), S.I. No. 11 of 1981.

• (10.08.1981) by Dumping at Sea Act 1981 (8/1981), s. 8(3), S.I. No. 268 of 1981.

• (6.06.1981) by Criminal Law (Rape) Act 1981 (10/1981), s. 12(2), commenced as per s. 13(2).

• (1.04.1981) by Packaged Goods (Quantity Control) Act 1980 (11/1980), s. 19(4), S.I. No. 41 of 1981.

• (12.02.1981) by Casual Trading Act 1980 (43/1980), s. 15(3), S.I. No. 43 of 1981.

• (1.12.1980) by Pyramid Selling Act 1980 (27/1980), s. 6(3), S.I. No. 340 of 1980.

• (1.11.1980) by Health (Family Planning) Act 1979 (20/1979), s. 14(4), S.I. No. 247 of 1980.

• (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s.18(15)(c), S.I. No. 297 of 1980.

• (9.07.1980) by Trading Stamps Act 1980 (23/1980), s. 2(5), commenced on enactment.

Fisheries (Amendment) Act 1978 (18/1978), s. 2(4) as substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s.75(b), commenced on enactment.

• (19.12.1979) by Occasional Trading Act 1979 (35/1979), s. 9(3), S.I. No. 404 of 1979.

Tribunals of Inquiry (Evidence) Act 1921, (11 & 12 Geo. 5 c.7), s. 1(2A)(c) as inserted (27.02.1979) by Tribunals of Inquiry (Evidence) (Amendment) Act 1979 (3/1979), s. 3, commenced on enactment.

• (6.12.1978) by Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978 (27/1978), s. 3(3), commenced on enactment.

C20

Application of subs. (2)(a) excluded and application of subs. (2)(b) confirmed by Misuse of Drugs Act 1977 (12/1977), s. 27(3L) as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 33, S.I. No. 236 of 2007.

Penalties.

27.— ...

(3L) Paragraph (a) of section 13(2) of the Criminal Procedure Act 1967 shall not apply in relation to an offence under section 15A or 15B of this Act, but each of those offences shall be deemed for the purposes of paragraph (b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies.

...

C21

Application of section extended (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 79(9), S.I. No. 178 of 2007.

Fines and penalties.

79.— ...

(9) Section 13 of the Criminal Procedure Act 1967 applies in relation to an offence under this Act except that the following range of fines and penalties are to be substituted for those provided in section 13(3)(a) of the Criminal Procedure Act 1967:

(a) if it is a first conviction for an offence under this Act, the accused is liable to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both;

(b) if it is not a first conviction for an offence under this Act, the accused is liable to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

C22

Application of subss. (1) to (3) excluded and subs. (4) extended (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 28(4), commenced on enactment.

Penalties and forfeiture for certain indictable fishery offences.

28.— ...

(4) Section 13(1) to (3) of the Act of 1967 does not apply in relation to an offence referred to in subsection (1). In subsection 13(4) (as amended by section 10 of the Act of 1999) of the Act of 1967 a reference to a person sent forward for trial under paragraph (a) of that section shall be read as including a reference to a person sent forward for trial under subsection (3)(b) of this section.

...

C23

Application of section extended (1.10.2001) by Finance Act 1999 (2/1999), s. 102(8), S.I. No. 412 of 2001 (the Chapter deals with Mineral Oil Tax.)

Offences.

102.— ...

(8) Section 13 (as amended by section 17 of the Criminal Justice Act, 1984) of the Criminal Procedure Act, 1967, shall apply in relation to an offence under this section.

...

C24

Application of subs. (2) extended by Criminal Procedure (Amendment) Act 1973 (16/1973), s. 2 as substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 13, S.I. No. 193 of 2001.

[Correction of defect in charge after accused is sent forward for sentence.

2.—Where under section 13(2) of the Criminal Procedure Act, 1967, an accused person is sent forward for sentence on any charge with a plea of guilty—

(a) any defect in the charge may be corrected by the court to which the accused has been sent forward, and

(b) the plea of guilty shall be treated as a plea of guilty to the charge so corrected,

unless such correction would, in the opinion of the court, result in injustice. ]

C25

Application of subs. (2)(a) excluded and subs. (2)(b) confirmed by Misuse of Drugs Act 1977 (12/1977), s. 27(3I) as inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 5, S.I. No. 193 of 2001. Note that this provision has been effectively superseded by subs. (3L), see C-note above.

Penalties.

27.— ...

(3I) Paragraph (a) of section 13(2) of the Criminal Procedure Act, 1967, shall not apply in relation to an offence under section 15A of this Act, but that offence shall be deemed for the purposes of paragraph (b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies.

C26

Application of subs. (1) construed to clarify provision (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 7(6), commenced as per s. 1.

Penalties for assisting offenders.

7.— ...

(6) The references in the following provisions, namely subsection (1) of section 13 (which relates to a plea of guilty in the District Court of an indictable offence) and subsection (1) (f) of section 29 (which relates to bail in the case of certain offences) of the Criminal Procedure Act, 1967, to an accessory before or after the fact shall be construed as references to aiding, abetting, counselling or procuring the commission of an offence, and to an offence under subsection (2).

...

C27

Application of subs. (2) construed (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 10(5), commenced as per s. 1.

Powers of dealing with offenders.

10.— ...

(5) A person sent forward to a court for sentence under section 13 (2) of the Criminal Procedure Act, 1967 with a plea of guilty of an offence may be dealt with in all respects as if he or she had been convicted on indictment of the offence by that court.

C28

Application of subs. (2)(a) excluded and application of subs. (2)(b) confirmed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 20, commenced as per s. 22(3).

Amendment of Criminal Procedure Act, 1967.

20.—(a) Paragraph (a) of subsection (2) of section 13 of the Criminal Procedure Act, 1967, shall not apply in relation to rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990).

(b) Notwithstanding paragraph (a), the offences referred to therein shall be deemed, for the purposes of paragraph (b) of the said subsection (2), to be offences to which the said section 13 applies.

C29

Application of section extended (25.05.1988) by Finance Act 1988 (12/1988), s. 57(4), commenced on enactment.

Removal of substances mixed with goods liable to excise duty.

57.— ...

(4) Section 13 of the Criminal Procedure Act, 1967, as amended by section 17 of the Criminal Justice Act, 1984, shall apply in relation to an offence under subsection (2) as if the references in subsection (3) (a) of the said section 13 to a fine were references to an excise penalty.

...

Editorial Notes:

E18

Previous affecting provision: subs. (3)(a) amended (1.03.1985) by Criminal Justice Act 1984 (22/1984), s. 17, S.I. No. 17 of 1985; substituted as per F-note above.

E19

Previous affecting provision: term “genocide” inserted (18.12.1973) by Genocide Act 1973 (28/1973), s. 6, commenced on enactment, substituted as per F-note above.

E20

Previous affecting provision: application of section extended (18.12.1973) by Genocide Act 1973 (28/1973), s. 6, commenced on enactment.

E21

Previous related provision: section applied with modifications by Health (Mental Services) Act 1981 (17/1981), s. 8(3), not commenced before repeal (1.11.2006) by Mental Health Act 2001 (25/2001), s. 6 and sch., S.I. No. 411 of 2006.