Information
If you are charged with a summary offence in Ireland, a
judge
sitting without a jury will decide
your case. It will take place in the
District Court.
Rules
A summary trial will usually take the following format
- The
Registrar
of the District Court will call your case by its name.
- You or your legal representative will stand up to make
yourself known to the court.
- The Garda (member of the Irish police force) who has made the
complaint against you will take the witness stand and give evidence about the
offence - i.e., what happened.
- The defence may cross-examine the Garda.
- The prosecution may call any more witnesses and will question
the witnesses to allow them to give evidence about the offence.
- The defence may cross-examine each of the prosecution
witnesses after they have given evidence.
- The defence may call and question witnesses to give evidence
in your defence. You yourself may give evidence although you are not obliged to
do so.
- The prosecution may cross-examine each of your
witnesses.
- Both the prosecution and the defence may make final
submissions relating to the case.
- The judge will make his or her decision about whether you are
guilty or not guilty of the offence, based on the evidence given. To find you
guilty, he or she must believe that it has been proven beyond all reasonable
doubt that you are guilty.
- If the judge finds that you are guilty of the offence, he or
she may decide the sentence.
- If the judge finds that you are not guilty, he or she will
dismiss the charges against you.
