District Court - Criminal Jurisdiction

Rules

Local Jurisdiction

A criminal case will be heard in the District Court area where

• the offence was committed or
• where the defendant resides or carries on business or
• where the defendant was arrested.

Limited Jurisdiction

There are two types of criminal offences;

• Summary offences, i.e., offences that are tried by a judge sitting alone
• Indictable offences, i.e., offences that can be tried by a judge and jury.

The criminal jurisdiction of the District Court falls under the following headings;

• Summary offences that may be heard by the District Court Judge sitting without a jury. This makes up the great bulk of the work of the District Court and these offences come from legislation only.
• Indictable offences specified in the appropriate legislation, which are triable summarily (i.e., by a judge only) on the basis that

(i) in the view of the judge, the facts alleged constitute a minor offence,

(ii) that the accused, on being informed of his/her right to be tried by a jury, does not object to being tried summarily and that,

(iii) in the case of certain offences, the Director of Public Prosecutions has consented to a summary trial;

• Indictable offences (other than certain offences including rape, aggravated sexual assault, murder, treason and piracy) may be dealt with by the District Court Judge summarily (i.e., without a jury) when

(i) the accused, when before the District Court, pleads guilty and

(ii) the judge is satisfied that he/she understands the charge and

(iii) the Director of Public Prosecutions consents.

If the case is not dealt with by the District Court, the accused is sent forward to the Circuit Court for sentence. At the Circuit Court, he/she may withdraw his/her plea of "guilty" and alter it to "not guilty", in which case a trial takes place;

• Indictable offences not triable summarily, i.e., cases that must be heard by a judge and jury.

In these cases, the accused is served with a "Book of Evidence", i.e., a statement of the charge and of the evidence intended to be introduced to the court and a list of witnesses and exhibits.

The Disrtict Court Judge no longer considers the material and submissions, on behalf of the accused or the prosecution, to decide whether there is a sufficient case. This was the process known as preliminary examination and has been abolished.

The District Court Judge will send the accused forward to the Circuit Court or Central Criminal Court for trial once the book of evidence has been served and the DPP has consented to sending the case forward.