Theft and fraud Offences

These statutory offences are set out in the Criminal Justice (Theft & Fraud Offences) Act, 2001.  The offences range from simple theft of a single item of very little value to large scale robberies and white collar crimes involving several million euros. 

Offences under this Act may be tried in the District Court or the Circuit Court.  The Director of Public Prosecutions (the DPP) will initially give a direction as to which Court the case is to be tried in.  If the Director of Public Prosecutions directs the case is to be heard in the
Circuit Court, then the case will be sent forward on indictment to the Circuit Court.  

If the Director directs that the case is fit to be tried in the District Court, the District Court Judge will hear a brief outline of the facts and, if he or she considers the case to be minor, they will accept jurisdiction and the matter can be tried in the District Court with the accused consent.  

The requirement that the accused gives their consent is almost unique to Theft & Fraud Offences (there are others).  The accused has a right to have his case tried in the Circuit Court notwithstanding that the DPP and the District Court Judge considers the offence suitable for the District Court. 

Most accused persons will elect for their case to be tried in the District Court as the advantages are obvious.  However, it may, in certain circumstances, be more prudent to have your case tried in the Circuit Court.  

It is clearly an extremely important decision and legal advice from an experienced lawyer is essential