Chapter 1 - 20 Flashcards
In which scenario can an arrest not may be made by a person other than the Gardaí?
[A] Where an arrestable offence is being committed or there is reasonable cause to suspect it is being committed.
[B] Where an arrestable offence has been committed.
[C] Where there is a reasonable belief that someone will commit a breach of the peace in the immediate future.
[D] Where there is reasonable cause to suspect that an arrestable offence has been committed.
Answer D [D] Where there is reasonable cause to suspect that an arrestab
According to S6(1) Criminal Law Act 1997 the Gardaí may enter a premises on foot of an arrest warrant if
[A] They have reasonable cause to believe evidence is on the premises
[B] They have reasonable cause to believe evidence is being destroyed
[C] They have reasonable cause to believe the wanted person is on the premises
[D] They have reasonable cause to believe there is a crime in progress
Answer [C] They have reasonable cause to believe the wanted person is on
Where a valid arrest is made on private property the Gardai have the
[A] None of the property
[B] All of the property
[C] The part of the property which will most assist with the investigation
[D] The part of the property in the possession/control of the suspect at time of arrest
What is the maximum detention period, after arrest and after being authorised by an officer not below the rank of superintendent, that a person can be held under S30 Offences against the state Act 1939?
[A] 8 hours
[B] 24 hours
[C] 48 hours
[D] 72 hours
Answer [C] 48 hours
Which, according to the Judge’s Rules, is the correct statement?
[A] A person making a voluntary statement in custody may be cross examined.
[B] When two or more persons are charged and make separate statements, these statements should be read to the other person.
[C] A statement made by a person in custody before there is time to caution him is not rendered inadmissible.
[D] Persons in custody can be interviewed without a caution being administered where there is a valid reason for doing so.
Answer [C] A statement made by a person in custody before there is time
How long does the prosecution have to make a complaint in relation to a summary offence?
[A] One month
[B] 6 months
[C] 12 months
[D] 2 years
Answer [B] 6 months
In what situation is a case always remanded?
[A] In cases where a charge sheet is issued
[B] In cases where a summons is issued
[C] In cases where a person is suitable for bail
[D] In cases where someone is not suitable for bail
Answer [A] In cases where a charge sheet is issued
You represent Cormac at his first appearance in the District Court. Pete
(a) Cormac’s bail bond will automatically run until he is found guilty or not guilty.
(b) An application will now have to be made to the High Court for bail and Cormac will be remanded in custody until such application is made.
(c) The judge will have to address the matter of bail as the remand bail now expires and a fresh bond must be entered into.
(d) Cormac will automatically remain on bail unless the DPP raises objections.
Answer (c) The judge will have to address the matter of bail as the rema
Which of the following reasons for refusal to grant bail was added by section 2 of the Bail Act 1997?
a) Fear the accused may intimidate witnesses
b) Fear the accused may abscond
c) A history of bench warrants on the part of the accused
d) Prevention of commission of a serious offence by the accused.
Answer d) Prevention of commission of a serious offence by the accused.
Failure to surrender to bail is a criminal offence under which of the following?
a) s. 13 of the Criminal Justice Act 1984
b) s. 4 of the Criminal Justice Act 1984
c) s. 2 of the Criminal Law Act 1997
d) s. 13 of the Criminal Procedure Act 1967
Answer a) s. 13 of the Criminal Justice Act 1984
David was remanded on bail in Clover Hill District Court on condition that he enter into a bail bond of €500, €200 to be lodged in court. Barry does not have this money on him. What does this mean for Barry?
(a) David cannot be remanded in Bail and instead will be remanded in custody.
(b) David will be remanded on bail but will have to lodge the €200 once it becomes available to him.
(c) David will be remanded in custody and when the money is available he can lodge it in court and then be remanded on bail.
(d) David will be remanded in custody and when the money is available he can lodge it in prison and then be remanded on bail.
Answer (d) David will be remanded in custody and when the money is avai
What document(s) should be drafted for an application for bail in the High Court?
a) A statement of grounds.
b) A Notice of Motion and affidavit of the applicant.
c) An ex-parte docket affidavit of the applicant’s solicitor.
d) An ex-parte docket and affidavit of the applicant.
Answer b) A Notice of Motion and affidavit of the applicant.
An application for a précis of the prosecution case in the district court is know as
a) a disclosure order
b) a Gary Doyle order
c) a statements order
d) both a and b
e) all of a, b and c
Answer e) all of a, b and c
What is the maximum sentence of imprisonment a district court judge can impose for one offence, unless the statute creating the offence specifies a lower minimum
a) Two years
b) One year
c) 6 months
d) 3 months
b) One year
Once an appeal by way of case stated has been signed by the District Judge, how long does the appellant have to transmit the case stated to the Central Office of the High Court?
a) 24 hours
b) 3 days
c) 7 days
d) 21 days
Answer b) 3 days
At the arraignment the accused is called before the court of trial where his identity is established, the indictment is read out to him and he is asked whether he pleads guilty or not guilty, which of the following responses requires the judge to consider if the defendant is unfit to be tried?
[A] Plead guilty
[B] Plead not guilty [C] Stand mute of malice [D] Stand mute by visitation of God
Answer
[D] Stand mute by visitation of God
Which section of the Criminal Law (Insanity) Act 2006 applies to the question arising during criminal proceedings as to whether or not an accused person is fit to be tried?
[A] Section 6 of the 2006 Act
[B] Section 4 of the 2006 Act [C] Section 14 of the 2006 Act [D] Section 2 of the 2006 Act
Answer B] Section 4 of the 2006 Act
Which of the following is correct? An accused may apply to the court to change a plea of guilty to not guilty……….
[A] After sentencing
[B] Prior to sentencing [C] On day of sentencing [D] None of the above
Answer [B] Prior to sentencing
Where can the form of the indictment be found?
[A] Criminal Justice (Administration) Act 1924, First Schedule Rules
[B] Criminal Justice (Administration) Act 1924, Third Schedule Rules
[C] The Criminal Procedure Act 1967, First Schedule Rules [D] The Criminal Procedure Act 1967, Third Schedule Rules
Answer [A] Criminal Justice (Administration) Act 1924, First Schedule Ru
What provision provides that an indictment may include a count in respect of a summary offence, provided that the accused has been charged with it and it arises out of the same set of facts as the indictable offence or offences on the indictment?
[A] Section 6 of the Criminal Justice Act 1951
[B] Section 10 of the Criminal Justice Act 1951 [C] Section 6 of the Criminal Justice (Administration) Act 1924 [D] Section 10 of the Criminal Justice (Administration) Act 1924
Answer [A] Section 6 of the Criminal Justice Act 1951
Rule 3 of Schedule 1 of the Criminal Justice Procedure Act states that:
A] Counts can be joined on the same indictment even if they arise out of separate incidents, if they are part of a series of offences and are of same or similar character
[B] Joinder of unrelated charges can be added to the indictment if the accused consents
[C] Counts can be joined on the same indictment but they cannot arise out of separate incidents
[D] None of the above
Answer A] Counts can be joined on the same indictment even if they aris
Which statement is correct? Pursuant to Part 1 of the First Schedule of the Juries Act 1976, the following persons are ineligible to serve on the juror panel…….
[A] All persons on the electoral register between the ages of 18 and upwards
[B] Members of the Defence forces [C] Teachers [D] Women
Answers [B] Members of the Defence forces
What is meant by the age of criminal responsibility under Section 52 of the Children Act 2001?
[A] Such persons below that age are absolved of any criminal consequences of their actions.
[B] Such persons are legally incapable of committing “an offence”.
[C] Such persons cannot be charged with an offence while they are below the age of criminal responsibility, but may be charged on that same offence once they are past that age.
[D] There is a rebuttable presumption that they did not have the capacity to know that the act or omission concerned was wrong.
Answer
[D] There is a rebuttable presumption that they did not have the
Under what circumstances is a child considered to be behaving in an anti-social manner for the purposes of a behavioural warning or behavioural warning being imposed under Section 257A of the Children Act 2001?
(i) * If he/she causes or is likely to cause one or more persons who are not in the same household as the child harassment;
(ii)* If he/she causes or is likely to cause one or more persons who are not in the same household as the child significant or persistent alarm, distress, fear or intimidation;
(iii)* If he/she causes or is likely to cause one or more persons who are not in the same household as the child significant or persistent impairment of their use or enjoyment of their property;
[A] (i) or (ii)
[B] (i), (ii) or (iii) above.
Answer [B] (i), (ii) or (iii) above.
Who may bring an application to the Children’s Court for a behaviour order?
[A] Any member of An Garda Siochana
[B] Any member of the public affected by the alleged behaviour
[C] The parents or school principal of the child in question
[D] A member of An Garda Siochana not below the rank of Superintendant
Answer [D] A member of An Garda Siochana not below the rank of Superinte
Pleas of Autrefois Acquit and Autrefois Convict espouses the principle that a person cannot be prosecuted for an offence of which he has already been acquitted or convicted, however The Criminal Procedure Act 2010 erodes the principle of double jeopardy to permit three retrial procedures, under which of the following sections ?
[A] Section 8 of the 2010 Act
[B] Section 9 of the 2010 Act [C] Section 10 of the 2010 Act [D] Section 23 of the 2010 Act
Answer [C] Section 10 of the 2010 Act
If the accused pleads guilty to some offences and not guilty to others and the prosecution is content with the guilty pleas entered. What does it mean if the prosecution enter a nolle prosequi under section 12 of the Criminal Justice (Administration) Act 1924 relating to the not guilty counts?
[A] They confirm their intent to prosecute in relation to the not guilty counts
[B] They confirm their intention not to prosecute in relation to the not guilty counts
[C] They require further direction from the DPP
[D] They are offering a plea bargain
Answer [B] They confirm their intention not to prosecute in relation to
Which section of the Criminal Law (Insanity) Act 2006 applies to the question arising during criminal proceedings as to whether or not an accused person is fit to be tried?
[A] Section 6 of the 2006 Act
[B] Section 4 of the 2006 Act [C] Section 14 of the 2006 Act [D] Section 2 of the 2006 Act
Answer B] Section 4 of the 2006 Act
What provision provides that an indictment may include a count in respect of a summary offence, provided that the accused has been charged with it and it arises out of the same set of facts as the indictable offence or offences on the indictment?
[A] Section 6 of the Criminal Justice Act 1951
[B] Section 10 of the Criminal Justice Act 1951 [C] Section 6 of the Criminal Justice (Administration) Act 1924 [D] Section 10 of the Criminal Justice (Administration) Act 1924
Answer [A] Section 6 of the Criminal Justice Act 1951
Rule 3 of Schedule 1 of the Criminal Justice Procedure Act states that:
[A] Charges for any offences…. May be joined on the same indictment if those charges were founded on the same facts, or form or are part of a series of offences of the same or similar character
[B] Joinder of unrelated charges can be added to the indictment if the accused consents
[C] Counts can be joined on the same indictment but they cannot arise out of separate incidents
[D] None of the above
Answer [A] Charges for any offences…. May be joined on the same indictme
When does the Court have discretion under section 6(3) of the criminal Justice (Administration) Act 1924 to sever the indictment of two defendants on the same indictment?
[A] Before or any stage of a trial
[B] Where the court is of the opinion that the person accused maybe prejudiced or embarrassed in his defence by reason of being charged with more than one offence
[C] Where before trial, or any stage of a trial, the court is of the opinion that the person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged on an indictment, the court may order a separate trial of any count or counts of such indictment
[D] All of the above
Answer B] Where the court is of the opinion that the person accused ma
Jamie is charged with assault causing harm contrary to section 3 of the Non-Fatal Offences against the Person Act 1997. The Jury find that Jamie is not guilty of assault causing harm, but convict Jamie of assault contrary to section 2 of the Non-Fatal Offences against the Person Act 1997, without the offence contrary to section 2 ever having been charged in the indictment.
[A] This is permissible pursuant to section 9(5) of the Criminal Law Act 1997
[B] This is impermissible pursuant to section 9(5) of the Criminal Law Act 1997
[C] This is permissible pursuant to section 7(1) of the Criminal Law Act 1997
[D] This is impermissible pursuant to section 7(1) of the Criminal Law Act 1997
Answer [A] This is permissible pursuant to section 9(5) of the Criminal
What statutory provision governs how indictable cases are sent forward for trial in normal circumstances?
A] The Criminal Procedure Act 1967, section 4 (A- Q) as substituted by section 9 of the Criminal Justice Act 1999
[B] The Criminal Justice Act (Administration) Act 1924 [C] The Criminal Law (Jurisdiction) Act 1976 [D] The Criminal Procedure Act 2010
Answer A] The Criminal Procedure Act 1967, section 4 (A- Q) as substitut
The prosecution should furnish the Book of evidence on the accused within how many days?
[A] 32 days
[B] 36 days [C] 42 days [D] 44 days
Answer [C] 42 days
Which Order of the Rules of the Circuit Court relates to an order of trial as to Separate Issues?
A] Order 34
[B] Order 44 [C] Order 10 [D] Order 12
Answer A] Order 34
Which section of the Criminal Procedure Act 1967 provided for an application by the accused for dismissal of charge?
[A] Section 4C
[B] Section 4E [C] Section 4K [D] Section 4A
Answer [B] Section 4E
How many days notice must be given to the prosecutor of the accused’s intention to apply to the trial court to dismiss one or more charges against him?
[A] 15 days
[B] 16 days [C] 21 days [D] 14 days
Answer [D] 14 days
Where a witness is declared hostile, the difference in what the witness is saying………
[A] Goes to his credibility only
[B] Becomes evidence of truth [C] Does not apply at all [D] Answers [A] & [B]
Answer [A] Goes to his credibility only
The principles to be applied in such cases where an application for direction to acquit/ submission of no case to answer in Circuit Court proceedings in set out in which of the following cases?:-
[A] People (AG) v O’Callaghan [1966] IR 501
[B] People (DPP) v McGinley (1998) 2 ILRM 233 [C] R v Galbraith 73 Cr. App. R. 124 [D] DPP v. Fagan [1994] 3 IR 265
Answer [C] R v Galbraith 73 Cr. App. R. 124
A judge must not instruct the jury that they can return a majority verdict until they have been deliberating for how many hours?
[A] 2 hrs
[B] 1 ½ hrs [C] 3 hrs [D] 2 ½ hrs
Answer [A] 2 hrs
What is the minimum number of jurors permitted to commence deliberations?
[A] 12
[B] 8 [C] 10 [D] 11
Answer [C] 10
