Consumer Protection Act 2007

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Summary trial of persons indicted.

83.— (1) If a person is indicted for an offence under this Act, the District Court may try the person summarily 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 court for an offence under section 65 (2) that is tried summarily under subsection (1), the following apply:

(a) the accused is liable to the following fines and penalties:

(i) if it is a first conviction for an offence under this Act, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both;

(ii) if it is not a first conviction for an offence under this Act, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both;

(b) section 80 (respecting liability for costs and expenses of proceedings and investigation);

(c) section 82 (publication of a corrective statement).

(3) However, if after conviction referred to in subsection (2), the accused continues to contravene section 65 (1), the accused is guilty of a further offence on each day that the contravention continues and for each such offence is liable—

(a) on summary conviction, to a fine not exceeding €500, and

(b) on conviction on indictment, to a fine not exceeding €10,000.

(4) On conviction by the court for any offence that is tried summarily under subsection (1) other than an offence under section 65 (2), the following apply:

(a) the accused is liable to the fines and penalties described in section 79 (1) (respecting fines and penalties);

(b) section 80 (respecting liability for costs and expenses of proceedings and investigation);

(c) section 82 (publication of a corrective statement).