[No. 50.]
Pt.7 S.52
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
(c) The Criminal Procedure Act, 1967, is amended both in
section 6(1)(e) (as amended by section 10 of the Criminal
Evidence Act, 1992) and in section 11 (as so amended)
by the insertion, after ‘‘1992’’, of ‘‘or section 52(6)(b) of
the Criminal Justice (Theft and Fraud Offences) Act,
2001,’’.
(7) A judge of the District Court may, on the application of any
person to whom an order under this section relates or a member of
the Garda Sı́ochána, vary or discharge the order.
(8) A person who without reasonable excuse fails or refuses to
comply with an order under this section is guilty of an offence and
liable on summary conviction to a fine not exceeding £1,500 or
imprisonment for a term not exceeding 12 months or both.
PART 8
Trial of Offences
Summary trial of
indictable offences.
53.—(1) The District Court may try summarily a person charged
with an indictable offence under this Act if—
(a) the Court is of opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily,
(b) the accused, on being informed by the Court of his or her
right to be tried with a jury, does not object to being tried
summarily, and
(c) the Director of Public Prosecutions consents to the accused
being tried summarily for the offence.
(2) On conviction by the District Court for an indictable offence
tried summarily under subsection (1) the accused shall be liable to a
fine not exceeding £1,500 or imprisonment for a term not exceeding
12 months or both such fine and imprisonment.
Trial procedure.
54.—(1) In any proceedings for an offence or attempted offence
under any of sections 6 and 7 and sections 9 to 11 it shall not be
necessary to prove an intention dishonestly to cause a loss to, or
make a gain at the expense of, a particular person, and it shall be
sufficient to prove that the accused did the act charged dishonestly
with the intention of causing such a loss or making such a gain.
(2) Any number of persons may be charged in one indictment,
with reference to the same theft, with having at different times or at
the same time handled or possessed all or any of the stolen property,
and the persons so charged may be tried together.
(3) Any person who—
(a) is a member of a partnership or is one of two or more beneficial owners of any property, and
(b) steals any property of or belonging to the partnership or
such beneficial owners,
40