Criminal Law (Rape) Act 1981

Summary jurisdiction.

12

12. (1) A justice of the District Court shall have jurisdiction to try summarily F21 [ a sexual assault or an offence to which section 11 relates ] if—

(i) the justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,

(ii) the Director of Public Prosecutions consents, and

(iii) the defendant (on being informed by the justice of his right to be tried by a jury) does not object to being tried summarily,

and, upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding F21 [ £ 1,000 ] or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both such fine and such imprisonment.

(2) Section 13 of the Criminal Procedure Act, 1967 (which provides for the procedure where a person pleads guilty in the District Court to an indictable offence) shall apply in relation to an offence mentioned in subsection ( 1) as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalties provided for by subsection ( 1) of this section and the reference in subsection (2) ( a) of the said section 13 to the penalties provided for in subsection (3) of that section shall be construed accordingly.

(3) F22 [ ]

Annotations:

Amendments:

F21

Substituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 16, commenced as per s. 22(3).

F22

Repealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).

Editorial Notes:

E4

A fine of £1,000 translates into a class C fine of up to €2,500 as provided (4.10.2011) by Fines Act 2010 (8./2010), ss. 3, 6(2) and table ref. no. 2, S.I. No. 662 of 2010.