Offences
I was recently asked the difference between a summary offence and an indictable offence.
| Summary | Indictable |
| One Mode of trial | Two modes – pre trial and trial |
| Simple, speedy, and informal | Complex, long, formal |
| No Jury | Jury |
| Minor | More Serious |
| Can only be tried summarily | Can be tried on indictment but also summarily. |
| Time limits 6months(except tax offences higher time limits) | No time limits |
| Usually District Court | Higher Court |
Let’s take the following example:
A fight breaks out in a local pub one evening, which spills out onto the street. The Gardai intervene and Alex is identified by witnesses as having punched Jacob in the face. Jacob is taken to hospital where he is kept overnight. It is confirmed his nose is broken Alex is charged with assault causing harm contrary to S.3 of the Non-Fatal Offences Against the Person Act 1997.
In which courts could this case be possible tried?
- District Court – Summary Trial
- Circuit Court – Trial on Indictment
If the matter is to be dealt with in the District Court, what conditions must be met?
- The court must be satisfied that it has jurisdiction to hear the trial.
- DPP must consent.
- Judge must be satisfied that it is a minor offence. For example, the judge would look at the medical report and see the nature of the injuries and then would determine if it is minor.
How does a court decide if an offence is minor?
- The Severity of the punishment prescribed for the offence.
- The moral quality of the act constituting the offence.
What will the DPP consider when making a decision?
- The seriousness of the offence
- The nature of the offence
- Recommendation of gardai – behaviour of the offender. Has person previously offended?
- Cost and Time factor – If the DPP can have the case heard in the District Ct then the DPP more than likely will go with that option due to time, cost, calling of witnesses etc.
Let’s take the above example that I outlined where Alex punched Jacob in the face. Some 8 months after the incident the Gardaí (due to heavy workload) get around to bringing the case to court. Can the charge be struck out due to being statute barred? You would think so because the time limit for summary offences is 6 months. However, this is why it’s important to figure out whether the DPP is bringing the matter forward as summary or indictable because when an ‘indictable’ matter is tried summarily then the 6 month time limit does not apply. But it can be noted ‘delay’ can be raised as a defence for summary and indictable matters.
From my experience people who are accused of certain offences who are brought before the District Court who have no previous convictions are normally only given the probation act. If you’re only given the probation act then there won’t be a record of the offence.
