No. 2/1951:

CRIMINAL JUSTICE ACT, 1951

ARRANGEMENT OF SECTIONS

1 Court.

2 Summary trial of indictable offences.

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

4 Punishment on summary conviction for certain indictable offences.

5 Imposition of consecutive terms of imprisonment by District Court.

6 Inclusion of summary offences in indictment.

7 Restriction of section 10 (4) of Petty Sessions (Ireland) Act, 1851.

8 Taking of other offences into consideration in awarding punishment.

9 Deposition as evidence at trial.

10 Obtaining by false pretences.

11 Amendment of section 42 of the Offences against the Person Act, 1861.

12 Amendment of sections 51 and 52 of the Malicious Damage Act, 1861.

13 Unlawful possession.

14 Release on bail in certain cases by members of Garda Síochána.

15 Proceedings on arrest.

16 Power of Circuit Court to release from recognisance.

17 Recognisances by Corporation.

18 Exemption of Minister of State, the Attorney General and members of the Garda, Síochána from liability to enter into recognisances.

19 Transfer of trials by Circuit Court from place to place.

20 Clearing of court and prohibition of reports of proceedings.

21 Evidence of decision in cases of summary jurisdiction.

22 Fiats etc, of Attorney General to be admissible in evidence.

23 Remission of punishment, forfeitures and disqualifications.

24 Right of appeal from order of committal to industrial or reformatory school or Borstal Institution or place of detention.

25 Disposal of property in possession of Garda Síochána.

26 Repeals.

27 Short Title.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO AMEND CRIMINAL LAW AND ADMINISTRATION.

[21st February, 1951]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act "Court" refers to any court exercising criminal jurisdiction, save where the context otherwise requires, but does not include courtmartial.

2.—(1) ( a ) In this Act, "scheduled offence" means—

(i) an offence specified in the First Schedule to this Act, or

(ii) an indictable offence declared to be a scheduled offence by an order under paragraph (b) for the time being in force.

( b ) The Minister for Justice may by order declare that any specified indictable offence shall be a scheduled offence.

( c ) An order shall not come into force unless approved by resolution of each House of the Oireachtas but, upon being so approved, shall come into force forthwith.

(2) ( a ) The District Court may try summarily a person charged with a scheduled offence if—

(i) the Court is of opinion that the facts proved or alleged constitute a minor offence fit to be so tried, and

(ii) the accused, on being informed by the Court of his right to be tried with a jury, does not object to being tried summarily.

( b ) A person shall not be tried summarily for an offence specified in the First Schedule at reference numbers 1, 2 or 3 or for an attempt to commit such an offence unless the Attorney General has consented to his being so tried.

(3) This section shall not prevent the Court from sending forward a person for trial for a scheduled offence.

3.—(1) This section applies to all indictable offences except the following an offence under the Treason Act, 1939 (No. 10 of 1939) murder, attempt to murder, conspiracy to murder and piracy, including an offence by an accessory before or after the fact.

(2) Where, before or after taking or completing depositions,—

( a ) the District Court ascertains that a person charged with an offence to which this section applies wishes to plead guilty, and

( b ) the Court is satisfied that he understands the nature of the offence and the facts alleged,

the Court may—

(i) if the Attorney General does not object, deal with the offence summarily, or

(ii) if the accused signs a plea of guilty, send him forward for trial with that plea and any depositions already taken.

(3) ( a ) Where a person sent forward for trial under this section, on being arraigned, expresses the desire to withdraw his written plea and to plead not guilty, the trial judge shall enter a plea of not guilty and fix a date for the trial.

( b ) If at the trial it is proposed to call as witnesses for the prosecution persons who have not made depositions, the Attorney General shall, not less than seven days before the trial, cause to be served on the accused a notice in writing specifying those persons and giving a statement of the evidence that is to be given by each of them.

4.—(1) On conviction by the District Court for a scheduled offence or for an indictable offence dealt with under section 3 of this Act, the accused shall be liable to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment.

(2) In the case, however, of an offence under section 11 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), the District Court shall not impose a fine exceeding ten pounds or a term of imprisonment exceeding one month.

5.—Where a sentence of imprisonment is passed on any person by the District Court, the Court may order that the sentence shall commence at the expiration of any other term of imprisonment to which that person has been previously sentenced, so however that where two or more sentences passed by the District Court are ordered to run consecutively the aggregate term of imprisonment shall not exceed twelve months.

6.—Where a person is sent forward for trial for an indictable offence, the indictment may contain a count for having committed any offence triable summarily (in this section referred to as a summary offence) with which he has been charged and which arises out of the same set of facts and, if found guilty on that count, he may be sentenced to suffer any punishment which could be inflicted on a person summarily convicted of the summary offence.

7.—Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act, 1851, shall not apply to a complaint in respect of an indictable offence.

8.—(1) Where a person, on being convicted of an offence, admits himself guilty of any other offence and asks to have it taken into consideration in awarding punishment, the Court may take it into consideration accordingly.

(2) If the Court takes an offence into consideration, a note of that fact shall be made and filed with the record of the sentence, and the accused shall not be prosecuted for that offence, unless his conviction is reversed on appeal.

9.—(1) A deposition taken on the preliminary investigation of an indictable offence may, subject to subsection (2), be read as evidence at the trial of the accused if it is proved that—

( a ) the deponent is dead or insane or so ill as to be unable to attend the trial, and

( b ) the deposition was taken in the presence of the accused, and

( c ) the accused or his counsel or solicitor had an opportunity of cross-examining the deponent.

(2) In the case of the deponent's insanity or illness the deposition shall not be read without the accused's consent.

10.—A person who by any false pretence, with intent to defraud obtains anything capable of being stolen or causes it to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person, shall be guilty of a misdemeanour and on conviction shall be liable to penal servitude for a term not exceeding five years or to imprisonment for a term not exceeding two years.

11.—(1) In this section references to common assault and battery are to offences under section 42 of the Offences against the Person Act, 1861.

(2) A person convicted of common assault or battery shall be liable to a fine not exceeding fifty pounds or, at the discretion of the Court, imprisonment for a term not exceeding six months.

(3) Common assault and battery may be summarily prosecuted on complaint made by or on behalf of the aggrieved person or otherwise.

(4) The adjudication of a complaint as to common assault or battery shall not affect any civil remedy that the complainant may have against the defendant in respect of the subject matter of the complaint.

12.—(1) Section 51 of the Malicious Damage Act, 1861, is hereby amended by the substitution of "fifty pounds" for "five pounds" and section 52 of the Act shall be construed accordingly.

(2) Where a person is convicted by the Court of an offence under section 52 of the Malicious Damage Act, 1861,—

( a ) he shall be liable to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months;

( b ) the compensation which he may, if fined, be required to pay under the section may be of an amount not exceeding fifty pounds.

(3) Section 135 of the Grand Jury (Ireland) Act, 1836, as extended by subsection (1) of section 5 of the Local Government (Ireland) Act, 1898, shall continue to have the like operation as it had before the passing of this Act.

13.—(1) A member of the Garda Síochána may arrest without warrant a person whom he reasonably suspects of having or conveying in any manner any thing stolen or unlawfully obtained.

(2) A person who is charged before the District Court with having in his possession or on his premises with his knowledge or conveying in any manner any thing which may be reasonably suspected of being stolen or unlawfully obtained and who does not give an account to the satisfaction of the Court how he came by it shall be guilty of an offence and on conviction by the Court shall be liable to a fine not exceeding five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two months.

14.—(1) Whenever a person is brought in custody to a Garda Síochána station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he considers it prudent to do so and no warrant directing the detention of that person is in force, release him on bail and for that purpose take from him a recognisance, with or without sureties, for his due appearance before the District Court at the appropriate time and place.

(2) The recognisance may be estreated in the like manner as a recognisance entered into before a Justice is estreated.

(3) This section does not apply to a person arrested under section 13 of the Defence Forces (Temporary Provisions) Act, 1942 (No. 3 of 1942), on suspicion of being a deserter or an absentee without leave from the Defence Forces.

15.—(1) A person charged with an offence shall on arrest be brought before a Justice of the District Court having jurisdiction to deal with it, if a Justice is immediately available.

(2) If not, he shall be brought as soon as may be before a Peace Commissioner in the district of such a Justice.

(3) If he is brought before a Peace Commissioner, the Commissioner, having heard the evidence offered shall remand him, either in custody or on such bail as the Commissioner thinks fit, and remit the case for hearing before a Justice of the District Court having jurisdiction to deal with it.

(4) If the accused is remanded on bail and there and then finds bail, the case shall be remitted to the next sitting of the Court.

(5) In any other event, the case shall be remitted to a sitting of the Court at a named place to be held within eight days after the arrest.

16.—Whenever an order is made by the District Court binding a person to the peace or to good behaviour or to both the peace and good behaviour and requiring him to enter into a recognisance in that behalf, such person may, at any time within one month and on giving seven days' notice to the officer of the Garda Síochána in charge of the district in which such person resides, apply in a summary manner to the judge of the Circuit Court within whose circuit the courthouse in which such order was made is situate to be released from the obligations imposed on him by such order and such recognisance respectively (if he has entered into such recognisance) and on the hearing of such application such judge may, if he so thinks proper, release such person from such obligations or modify in such manner as such judge thinks proper all or any of such obligations, and may make such release or modification either absolutely or subject to conditions and, in particular, subject to such person entering in the District Court into a new recognisance in lieu of such first-mentioned recognisance.

17.—(1) Whenever a corporation (whether aggregate or sole) is required by law or by an order of a court to enter into a recognisance, the recognisance may be entered into by an agent for and on behalf of the corporation, if—

( a ) the agent is authorised by the corporation in writing under the seal of the corporation to enter into the recognisance on its behalf and he produces such authorisation when executing the recognisance, and

( b ) the recognisance is expressed to be entered into on behalf of the corporation and to bind the goods of the corporation and generally to bind the corporation by the conditions of the recognisance.

(2) Where the form of a recognisance is prescribed by statute or by rule of court or any statutory instrument and the recognisance is entered into on behalf of a corporation under this section, such modifications may be made in the form so prescribed as are needed to comply with this section.

(3) A recognisance entered into under this section on behalf of a corporation shall bind the corporation and its goods as fully and in like manner as a like recognisance entered into by an individual would bind the individual and his goods.

18.—To avoid doubt, it is hereby declared that, notwithstanding anything contained in any enactment, it shall not be necessary for a Minister of State, the Attorney General or a member of the Garda Síochána, in prosecuting any appeal (whether by way of case stated or otherwise), to enter into a recognisance.

19.—(1) ( a ) The Circuit Court sitting in any circuit may transfer the trial of a criminal issue from the place in which it is required by law to be held to any other place in the same circuit.

( b ) In that event, the trial shall be held at the place to which it is transferred with a jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting at that place.

(2) ( a ) An order of the Circuit Court under this section may only be made on the application of the Attorney General or an accused person.

( b ) It may provide for matters ancillary or incidental to the transfer.

( c ) It shall be final and unappealable.

(3) The Court shall not make an order under this section unless it is satisfied that a fair trial is unlikely to be obtained or that a trial cannot be held in the place from which it is sought to transfer the trial.

20.—(1) On the preliminary investigation of an indictable offence the Court may, if satisfied that it is expedient for the purpose of ensuring that the accused will not be prejudiced in his trial do any one or more of the following:—

( a ) subject to subsection (4), exclude the public or any particular portion of the public or any particular person or persons except bona fide representatives of the Press from the court during the hearing;

( b ) prohibit the publication of information in relation to the proceedings or any particular part of them;

( c ) impose restrictions or limitations on publication.

(2) An order of the District Court under paragraph (b)or paragraph (c)of subsection (1) shall cease to be in force—

( a ) if the accused is dealt with summarily at the conclusion of the proceedings in the District Court;

( b ) if informations are refused on the expiration of one month after such refusal unless, within that month, the accused is sent forward for trial by direction of the Attorney-General;

( c ) if the accused is sent forward for trial-on the conclusion of the trial or the entry of a nolle prosequi.

(3) In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to subsection (4), exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may, in its discretion, permit to remain.

(4) In any criminal proceedings—

( a ) where the accused is a person under the age of twenty-one years, or

( b ) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female,

a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing.

(5) A person who contravenes an order or direction of the Court under this section shall, without prejudice to his liability for any other offence of which he may be guilty, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(6) The powers conferred by this section are in addition to any other power of the Court to do all or any of the things which this section authorises.

21.—(1) In every case of summary jurisdiction the Justice shall enter concisely in his Minute Book the effect of his decision.

(2) He shall sign the entry which shall then be taken to be the decision of the Court.

(3) The Justice need not enter in his Minute Book any necessary statutory consequences of a conviction.

(4) In the Dublin Metropolitan District the entry may be made in the Charge Sheet instead of the Minute Book.

(5) An order shall be drawn up, in accordance with the rules of court, when required and a copy of the order, certified in accordance with the rules, shall be prima facie evidence of the decision.

(6) A copy of the signed entry in the Justice's Minute Book or the Charge Sheet, certified in accordance with the rules of court, shall also be prima facie evidence of the decision.

(7) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee, obtain a certified copy of the order and, then or thereafter, a certified copy of the signed entry.

22.—A document purporting to be the fiat, order or consent of the Attorney General for or to the institution of criminal proceedings, or the institution of criminal proceedings in a particular form and to be signed by the Attorney General, shall be admitted a evidence and be deemed to be such document without further proof, unless the contrary is shown.

23.—(1) Except in capital cases, the Government may commute or remit, in whole or in part, any punishment imposed by a Court exercising criminal jurisdiction, subject to such conditions as they may think proper.

(2) The Government may remit, in whole or in part, any forfeiture or disqualification imposed by a Court exercising criminal jurisdiction and restore or revive, in whole or in part, the subject of the forfeiture.

(3) The Government may delegate to the Minister for Justice any power conferred by this section and may revoke any such delegation.

(4) This section shall not affect any power conferred by law on other authorities.

(5) Where a disqualification for holding a driving licence under the Road Traffic Act, 1933 (No. 11 of 1933), is remitted, in whole or in part, under this section, notice of the remission shall be published as soon as may be in Iris Oifigiúil.

24.—To remove doubts, it is hereby declared that an appeal lies to the Circuit Court from an order of the District Court committing a person to a certified school within the meaning of the Children Acts, 1908 to 1949, or to a Borstal Institution or to a place of detention provided under Part V of the Children Act, 1908.

25.—An order may be made under section 1 of the Police Property Act, 1897, for the disposal of property in the possession of the Garda Síochána although no person has been charged with an offence in connection with it.

26.—The enactments mentioned in the second column of the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

27.—This Act may be cited as the Criminal Justice Act, 1951

Section 2.

FIRST SCHEDULE

INDICTABLE OFFENCES WHICH MAY BE DEALT WITH SUMMARILY BY THE DISTRICT COURT.

Section 26.

SECOND SCHEDULE

ENACTMENTS REPEALED.