Dermot Ahern (Louth, Fianna Fail)

This amendment amends the Schedule to the Criminal Justice Act 1951 by inserting a new paragraph that refers to the common law offence of breach of the peace. The Schedule in the 1951 Act lists offences which may be tried either as summary or indictable offences. Section 2 of the 1951 Act sets out the procedure on whether to proceed on indictment or by way of a summary case. The decision is one for the DPP or the District Court when it considers that the offence in question does not fall within its jurisdiction, or for the accused who may elect for trial on indictment.

In the 2006 case of Thorpe v. DPP, a case stated from the District Court to the High Court, the status of the offence of breach of the peace was examined. The High Court confirmed that it was an offence known to law, although not having a statutory basis, and ruled that the offence could be prosecuted as a summary offence. Having regard to its origins, this ruling effectively classified it as an either-way offence. Nevertheless, doubts remain about the law on this offence. It has its origins as a common law misdemeanour and, as such, was regarded as an indictable offence. Despite that, the offence has been tried summarily. Although the High Court decision clarifies the law for the moment, a different view might be taken in another case or by the Supreme Court. In any event, there is no statutory basis for regarding an offence as an either-way offence. The solution I propose clarifies the matter and provides a statutory basis for treating it as an either-way offence to be tried either on a summary basis or on indictment depending on the circumstances of the case.