Types of Criminal Offence In Ireland-Summary, Indictable and Hybrid | BusinessAndLegal.ie

(This is part of the criminal law in Ireland series of articles about how criminal offences are prosecuted in Ireland)

Summary offences

Summary offences are dealt with by the summary procedure in the District Court and are minor offences.

What are minor offences?

Minor offences are not defined in the Constitution or in the statute books but generally minor offences are offences which attract a penalty of 12 months imprisonment or less and a fine of £100 (€127) or less.

When summary offences are dealt with in the District Court there is not jury present so the sitting Judge decides the case on his/her own.

Generally the procedures leading up to the prosecution of a summary offence are relatively fast and informal although the case of DPP v Gary Doyle in 1994 has led to a procedure where the prosecution are obliged to let the defendant have the statements and other evidence that the prosecution will be relying on in the case.

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The Powers of the Gardai in A Criminal Investigation in Ireland | BusinessAndLegal.ie

The powers of the Gardai in relation to investigating crime in Ireland are quite extensive. These powers include the power to stop you and make reasonable inquiries, the power to stop and search and seize evidence, to enter and search your premises and of course the powers of detention and arrest.

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Criminal Law In Ireland-The Prosecution of Crime | BusinessAndLegal.ie

1.  District Court Summons Procedure

A District Court summons is basically an order to appear before the District Court to answer a complaint.

This complaint will have been made by a member of An Garda Siochana and on foot of this complaint a District Court clerk will issue a summons for the attendance of the accused before the District Court to answer the complaint.

The Validity of the Summons

In order for a summons to be valid it must

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