Criminal Justice (Verdicts) Act, 1976
No. 34/1976: CRIMINAL JUSTICE (VERDICTS) ACT, 1976 |
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ARRANGEMENT OF SECTIONS |
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AN ACT TO AMEND THE LAW RELATING TO THE CRIMINAL JURISDICTION OF COURTS. |
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[7th December, 1976 ] |
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: |
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Jurisdiction and powers of criminal court sitting without jury in relation to verdicts and other findings. |
1.—(1) Subject to subsection (3) of this section, where a person is lawfully before a court for trial for an offence, and the trial is being or to be held without a jury, the court shall have the same jurisdiction and powers to give any verdict or make any finding as the court or jury would have— |
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( a ) if the court were a court sitting with a jury, and |
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( b ) (in case the offence is triable only summarily) if the offence were triable on indictment, |
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and enactments and rules of law relating to a verdict or finding of a jury shall, with any necessary modifications, apply accordingly. |
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(2) Where a person is lawfully before a court charged with an offence, the court shall have jurisdiction to convict the person, on a plea of guilty, of another offence with which he is not specifically charged and of which he could be convicted by that court after trial for the offence specifically charged. |
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(3) Nothing in subsection (1) of this section shall be construed as conferring on the District Court any powers exercisable under section 17 of the Lunacy (Ireland) Act, 1821, or section 2 of the Trial of Lunatics Act, 1883. |
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(4) Section 39 (1) of the Criminal Justice Administration Act, 1914, is hereby repealed. |
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Short title. |
2.—This Act may be cited as the Criminal Justice (Verdicts) Act, 1976 . |
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