MCQ - 1-50

Question 1

18. Jed is charged with 9 counts of buggery involving 3 complainants, X, Y, and Z, all of whom ar 8-year-old boys who are students of Jed. X alleges that Jed visited him at night and brought him to a bathroom in the school. X says that he was buggered in the bathroom twice. Y says that Jed visited him three times and each time took him to the bathroom and buggered him. The third complainant, Z, says he was taken to a nearby forest during a school trip and buggered there. He further says that the same offences occurred when he was taken to a deserted beach on four different occasions during nature walks. Counsel for the defence applies for a ruling that the counts relating to all three complainants should not be included on the one indictment. Which of the following is correct?

Answer 1

A. The trial Judge must accede to the application as it is not possible to include counts on an indictment which relate to separate incidents and separate complainants as this would be grossly prejudicial.

B. The trial Judge may accede to the application as regards counts involving Z but refuse separate trials of X and Y due to the particular features common to each of the offences against X and Y.

C. The trial Judge must refuse the application because the prosecution is entitled to join any number of charges on the same indictment, even if they arise out of separate incidents, providing the number of counts on the indictment is not so great as to constitute prejudice in itself.

D. The trial Judge must refuse the application because the account of each complainant can clearly corroborate that of the others and the rules of procedure ought not to offend against common sense.

Answer B. The trial Judge may accede to the application as regards counts invos

Answer B

Question 2

19. Sending forward to the Circuit Criminal Court, Central Criminal Court or Special Criminal Court is governed by:

Answer 2

A. The Criminal Law Act 1997

B. The Criminal Justice Act 1967 as amended by The Criminal Procedure Act 1999.

C. The Criminal Justice Act 1984

D. The Criminal Justice Act 1951

Answer B. The Criminal Justice Act 1967 as amended by The Criminal Procedure

Question 3

8. A sentencing judge may NOT:

Answer 3

A. Back-date a sentence of imprisonment

B. Postpone a sentence of imprisonment

C. Adjourn sentencing and consider imposing a suspended sentence on the adjourned date

D. Impose a sentence with a review date and consider suspending the balance of the sentence on the review date.

Answer D. Impose a sentence with a review date and consider suspending the bal

Question 4

11. Which of the following statements is correct in relation to “consultative” case stated under section 52 of the Courts (Supplemental Provisions) Act 1961?

Answer 4

A. The District Court Judge, when asked to state a case during proceedings, will only accede where it is shown that it concerns a question of law of exceptional public importance.

B. The District court judge has total discretion with respect to whether or not to accede to an application to state a case to the High Court.

C. It is necessary to get the consent of the prosecution before an application to state a case can be made to the District Court Judge.

D. The District Court Judge when asked to state a case during the proceedings must state the case unless he is of the view that the application is frivolous.

Answer D. The District Court Judge when asked to state a case during the procee

Question 5

1. In which scenario can an arrest be made by a person other than the Gardaí?

Answer 5

[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] Where there is reasonable cause to suspect that an arrestable

Question 6

5. Which of the following is invariably INCORRECT?

Answer 6

(i) Evidence of a previous, out of court, identification is not admissible if a dock identification is possible.
(ii) Evidence of a previous out of court identification is admissible as an exception to the rule against hearsay.
(iii) Evidence of a previous out of court identification is admissible as an exception to the rule against narrative.
A. (i) only.

B. (ii) only

C. (iii) only

D. None of the statements is invariable incorrect

Answer A. (i) only.

Question 7

A person against whom the facts charged have been proven will not receive a recorded conviction if the sentencing judge:

Answer 7

A. Makes an order under Section 1(2) of the Probation of Offenders Act 1907.

B. Makes an order under Section 1(1)(i) of the Probation of Offenders Act 1907.

C. Imposes a fine only

D. Makes a Community Service order
 

Answer. Makes an order under Section 1(1)(i) of the Probation of Offende

Question 8

16. In a case involving a rape or other sexual offence, evidence of a complaint will NOT be admitted if it is:

Answer 8

A. A statement made soon after the alleged offence

B. A statement made to a number of witnesses

C. Not voluntary

D. A statement elicited by questioning

Answer C. Not voluntary

Question 9

4. In which of the following circumstances is it possible to sentence a 16-year-old boy to a sentence of imprisonment?

Answer 9

A. Where the Court certified that the young person is of so unruly a character that he cannot be detained in a place of detention.

B. Where there is no room in any available place of detention and the term of the sentence does not exceed a period of 3 months.

C. Where he has been convicted of murder contrary to common law.

D. None of the above, as a child under the age of 17 may not be sentenced to imprisonment under any circumstances.

Answer A. Where the Court certified that the young person is of so unru

Question 10

2. Paul is charged with the arson of Michaels caravan which was parked at the side of a road in Ringsend. In drafting the indictment, counsel for the prosecution must:

Answer 10

A. Refer to a caravan, state that it was not Paul’s property and identify the road so as to describe the property in question and the location of the offence with sufficient particularity.

B. Refer to the caravan by registration number, make and model, state the full name of the owner and give the name of the road in question and the name of the area i.e. Ringsend in Dublin.

C. Refer to the general address and attach a photograph of the caravan.

D. Refer to the caravan only, stating its owner and approximate value, the address is immaterial given that the caravan was not there permanently.

Answer A. Refer to a caravan, state that it was not Paul’s property and

Question 11

20. Barry was apprehended in a house that contained large quantities of drugs. He is being tried in the Circuit Court for offences under the Misuse of Drugs Act 1977. During the course of the cross-examination of a Garda witness by Counsel for the accused, it is put to the Garda that the accused had made none of the statements tendered in evidence, that he hadn’t pointed out the place where the drugs were hidden, and that the Garda was trying to convict the accused by inventing false verbal statements and other incriminating evidence.
    Counsel for the State has applied for leave to cross-examine the accused as to his previous convictions. What course of action should be followed by the Trial Judge?

Answer 11

A. Permit the cross-examination (while the jury are present) because the conduct of the accused’s case has involved the casting of imputations on the character of a prosecution witness.

B. Disallow the cross-examination of the accused on his previous convictions because a procedure which inhibits an accused from challenging the veracity of the evidence against him at the risk of having his previous character put in evidence would be a breach of fair procedures.

C. Disallow the cross-examination because the cross-examination of the accused in relation to his previous convictions is something which the court can never allow.

D. Permit the cross-examination of the accused on his previous convictions because the conduct of the accused’s case has involved the casting of imputations on the character of a prosecution witness, but direct that such cross-examination should take place in the absence of the jury.

Answer B. Disallow the cross-examination of the accused on his previous

Question 12

3. A group of you are having a discussion about the two types of case stated that can be sought in the District Court. It is accepted among you that the appeal by way of case stated is sought at the end of the District Court proceedings whereas a consultative case stated is applied for during the proceedings. In the discussion, the following assertions are made however only one of them is correct. Which one?

Answer 12

A. In an appeal by way of case stated, the High Court can reverse, affirm, or amend the determination of the District Court on the basis of the law determined or it can remit the case back to the court. However, the High Court has no power to amend or reduce a penalty imposed by the District Court on the hearing of the case stated.

B. In an appeal by way of case stated, the High Court can reverse or affirm or amend the determination of the District Court on the basis of the law determined or remit the case back to the Court. The High Court also has a discretion to amend or reduce a penalty imposed by the District Court on the hearing of the case stated.

C. The decision of the High Court in an appeal by way of case stated can be appealed to the Supreme Court where there is a point of exceptional public importance.

D. There is no statutory right to appeal the determination of the High Court on consultative case stated to the Supreme Court.

Answer A. In an appeal by way of case stated, the High Court can reverse

Question 13

14. Where a prisoner has been detained under section 20 of the Offences Against the State Act 1939 (as amended by Offences Against the State Amendment Act 1998) the total amount of time that he can be detained without charge (including any extension of detention period directed by the Chief Superintendent) without being produced in court shall not exceed:

Answer 13

A. 24 Hours

B. 48 Hours

C. 72 Hours

D. 102 Hours

Answer B. 48 Hours

Question 14

1. Felicity is 15 years old. She is the only witness to the commission of a crime and is terrified that the accused will intimidate her in Court to the extent that she may be unable to give evidence. You act for the prosecution. In order to assist her, you make an application to the Court that her evidence be given by live video link in accordance with provisions of Sections 12-19 of the Criminal (Evidence) Act 1992 as amended. Your application will be unsuccessful if the offence charged is:

Answer 14

A. S3 Assault causing harm

B. Larceny

C. Rape

D. Robbery

Answer B. Larceny

Question 15

13. At Gail’s trial for robbery, Emer purports to identify Gail as the robber and claims to know her well from choir practice in their local church. It is put to Emer that she has never attended at choir practice and Emer denies this. It is also put to Emer that she had poor vision at the time of the alleged robbery, due to cataracts which have since been removed. She denies this also. The Defence apply to call evidence from Gordon, the choirmaster, in order to prove that Emer is not in the choir and from the eye surgeon who treated Emer. The trial Judge must:

Answer 15

A. Refuse both applications as they relate to collateral matters and the defence must accept the answers given.

B. Accede to both applications because the first is relevant to the issue of identification and the second is evidence of a physical disability affecting reliability.

C. Refuse the first application and accede to the second because the first is a collateral matter and the defence must accept the answers given whereas the second is evidence of a physical disability affecting reliability.

D. Accede to the first because it is relevant to the issue of identification but refuse the second because it is a collateral matter, and the defence must accept the answers given.

Answer B. Accede to both applications because the first is relevant to t

Question 16

2. According to S6(1) Criminal Law Act 1997 the Gardaí may enter a premises on foot of an arrest warrant if

Answer 16

[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

Question 17

2. What is the maximum sentence of imprisonment that a District Court Judge can impose for one offence ( unless the statute creating the offence specifies a lower maximum)?

Answer 17

A. Two years

B. One Year

C. Six Months

D. Three Months

Answer B. One Year

Question 18

9. A hostile witness is:

Answer 18

A. An unfavourable witness.

B. An unpleasant witness

C. A witness who shows no desire to tell the truth at the instance of the party calling him.

D. A witness who shows no desire to answer the questions of the party cross examining him.

Answer C. A witness who shows no desire to tell the truth at the instanc

Question 19

6. Unless legislation provides to the contrary in relation to a specific offence, a complaint alleging a summary offence must be laid within what period form the date of commission of the offence?

Answer 19

A. 12 months

B. 6 months.

C. 3 months

D. 6 weeks

Answer B. 6 months.

Question 20

8. Xavier, a foreign national, pleads guilty to theft in the District Court. Which of the following orders or sentences can the Judge NOT make or impose under any circumstances?

Answer 20

A. A fine

B. A deportation order

C. A suspended sentence of imprisonment on condition that Xavier keeps the peace and is of good behaviour and also on condition that he leaves the State and does not return for a specified period.

D. A community service order.

Answer B. A deportation order

Question 21

9. Which of the following statements relating to s.4 of the Criminal Law Act, 1997 is correct?

Answer 21

(i) An offence punishable by at least 3 years imprisonment is an “arrestable” offence for the purposes of the section.
(ii) None of the powers of arrest without warrant conferred to under the section apply to persons who are not members of An Garda Siochana.
A. (i) only

B. (ii) only

C. Both (i) and (ii)

D. Neither (i) nor (ii) are correct

Answer D. Neither (i) nor (ii) are correct

Question 22

3. When a witness has made an out-of-court statement prior to giving evidence at trial, it is always admissible when:

Answer 22

A. It is consistent with his evidence.
B. It is inconsistent with his evidence.
C. It was made contemporaneously.
D. It does not contain any hearsay.

Answer B. It is inconsistent with his evidence.

Question 23

10. The Gardai lawfully arrest John and immediately search his immediate environment. Which of the following categories of goods in John’s custody or possession may they seize if they believe it is necessary to do so in order to prevent the destruction of the goods?

Answer 23

(i) Evidence in support of the criminal charge on foot of which he was arrested.
(ii) Evidence in support of any other criminal charge against John then being contemplated.
(iii) Goods which the Gardai reasonable believe to be stolen property and/or goods which the gardai reasonably believe are unlawfully in John’s possession.
A. (i) only

B. (i) and (iii) only

C. (i), (ii), and (iii)

D. None of the above. The Gardai may not seize anything as they do not have a search warrant.

Answer C. (i), (ii), and (iii)

Question 24

5. Which of the following statements is/are correct?

Answer 24

(i) If a person stands as a surety they must always lodge the full amount of the surety with the court.
(ii) A court is entitled to take into account the relationship of the proposed surety to the accused before deciding whether the proposed surety is suitable.
A. (i) only

B. (ii) only

C. Both (i) and (ii)

D. Neither (i) nor (ii) are correct

Answer B. (ii) only

Question 25

1. Denis was convicted of a number of sexual offences in the Circuit Criminal Court and was given a two-year suspended sentence. The trial Judge referred to the failure of the State to provide appropriate therapy for sex offenders in prisons as one of his reasons for suspending the sentence. The Director of Public Prosecutions has applied to the Court of Criminal Appeal for a review of the sentence on the grounds that it is unduly lenient. Which of the following statements accurately states the approach which should be taken by the Court of Criminal Appeal (“the Court”)?

Answer 25

A. The Court must decide what it considers the appropriate sentence would have been in this particular case, if it considers a harsher sentence would have been appropriate (even if only slightly harsher) it must then intervene and adjust the sentence.

B. The Court must intervene and adjust the sentence unless the convicted person establishes on a balance of probabilities that the sentence is not unduly lenient.

C. The Court must first establish that the original sentence is wrong in principle before it can exercise its jurisdiction to consider an appropriate sentence for the accused.

D. The Court must not intervene as it only has jurisdiction to vary a sentence if that sentence has been appealed by the convicted person, it has no jurisdiction to review a sentence on application by the DPP.

Answer C

Question 26

4. Which of the following statements is/are correct in relation to disclosure in criminal cases?

Answer 26

(i) The Gardai have a duty to seek out and preserve evidence which has a bearing or potential bearing on the issue of guilt or innocence. Failure to do so may result in the prosecution being prohibited from proceeding.
(ii) Information relating to Garda informers is covered by public interest privilege and therefore the court can never order the disclosure of the name of a garda informer.
A. (i) only

B. (ii) only

C. Both (i) and (ii)

D. Neither (i) nor (ii) are correct

Answer A. (i) only

Question 27

6. Under the Children’s Act 2001, three of the following categories of persons are entitled to attend proceedings in the Children’s Court. However, one category will be excluded unless the court uses its discretion to permit them to remain. Which one?

Answer 27

A. The parents of the accused child.

B. The guardian of the accused child

C. Bona fide representatives of the press

D. Counsel representing a child in a different case, waiting for the other case to be called on.

Answer D. Counsel representing a child in a different case, waiting for

Question 28

3. Where a valid arrest is made on private property the Gardai have the power to search

Answer 28

[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

Answer [D] The part of the property in the possession/control of the sus

Question 29

12. Where an accused is charged with a schedule’s offence pursuant to the Offences against the State Act 1939 as amended and is being sent forward to the Circuit Court, which of the following must the DPP specifically consent to?

Answer 29

A. The granting of bail to the accused

B. Trial in an ordinary court.

C. The granting of legal aid

D. All of the above
 

Answer B. Trial in an ordinary court.

Question 30

7. Which of the following statements is correct in relation to the admission of hearsay evidence in bail applications?

Answer 30

A. Hearsay evidence can never be admitted in a bail application as this would be grossly prejudicial to the accused.

B. Hearsay evidence must always be admitted in a bail application as this assists the efficient administration of justice and avoids delay.

C. The judge has a discretion whether to admit hearsay evidence in bail applications but can only admit such evidence if it relates to the alleged offence itself and goes to show the guilt of the accused. Hearsay evidence relating to reasons for the objection for bail cannot be heard as these are collateral matters.

D. The Judge has a discretion whether to admit hearsay evidence in a bail application.

Answer D. The Judge has a discretion whether to admit hearsay evidence

Question 31

7. Henry is charged with violent disorder. On 1st January 2005, in the District Court, Henry is served with the book of evidence (the documents referred to in S.4B(1) of the Criminal Procedure Act 1967) and sent forward to the Circuit Court. On 24th January 2005, Henry’s solicitor wishes to serve an alibi notice and seeks your advice as to the statutory time limits. What is the correct advice?

Answer 31

A. Henry is within the statutory time limit to serve the alibi notice.

B. Henry is outside of the statutory time limit and according to statute, leave must be refused.

C. Henry is outside the statutory time limit but, according to statute the court shall not refuse leave if it appears the District Court did not inform Henry of the requirements relating to the alibi notice.

D. Henry is outside the statutory time limit but, according to statute, the court shall not refuse leave if it appears to the court that Henry’s solicitor did not inform Henry of the requirements relating to the alibi notice.

Answer C. Henry is outside the statutory time limit but, according to s

Question 32

10. In which of the following circumstances may a Judge permit a picture of a child accused in the proceedings currently before the court to be published or included in a broadcast?

Answer 32

A. Where the offence is of a sexual nature, and it is in the best interests of the public that the child accused be identified.

B. Where the victim of the offence requests in court that the child accused be identified.

C. Where the Prosecution make an application during the trial of a serious offence to have the child accused named and identified in the interests of justice.

D. Where the child is unlawfully at large, and the court is satisfied that it is necessary to do so for the purposes of apprehending the child.

Answer D. Where the child is unlawfully at large, and the court is sat

Question 33

15. Erika pleaded guilty in the Circuit Criminal Court to offences contrary to the misuse of drugs act 1977 as amended and was sentenced to 3 years imprisonment. She is appealing to the Court of Criminal Appeal and now wants to plead not guilty, as she did not understand what she was pleading to at the time of her hearing. She has discharged her previous legal team and she is asking you for your advice on this issue. Which is the correct advice?

Answer 33

A. The appeal hearing is a de novo hearing and therefore is it open to Erika to plead not guilty at this stage.

B. As Erika pleaded guilty in the Circuit Court, normally only in exceptional circumstances would the Court of Criminal Appeal allow a change of plea on appeal.

C. Erika must judicially review the arraignment and sentence hearing in the Circuit Court before she would be entitled to a full appeal in the Court of Criminal Appeal.

D. There are no circumstances in which Erika would be entitled to change her plea at this stage.

Answer B. As Erika pleaded guilty in the Circuit Court, normally only i

Question 34

1. Which of the following statements is always correct?

Answer 34

A. Leading questions are permitted when asked by the party calling the witness.

B. Leading questions are permitted when a witness cannot remember the events at issue.

C. Leading questions are permitted when asked in cross-examination.

D. Leading questions are permitted when they refer to the occupation of the witness.

Answer C. Leading questions are permitted when asked in cross-examinat

Question 35

2. You are having a discussion with a number of colleagues about how the Article 40 procedure works in practice. You all agree that the procedure has certain advantages when seeking to challenge the legality of a person’s detention, such as the precedence it takes over all other court business and the speed with which the inquiry is conducted. However, you disagree with respect to which party bears the onus of proof as well as the role of the High Court on hearing such applications. Which of the following statements correctly states the position?

Answer 35

A. The onus of proving that the detention is illegal rests on the applicant, but once that is established, the applicant will be immediately released, and the High Court has no discretion in the matter.

B. The onus of proving the legality of the detention rests on the respondent but once that is established, the High Court maintains a discretion as to whether or not to release the applicant.

C. The onus of proving the legality of the detention rests on the respondent and if the High Court Judge is not satisfied that the detention is legal, there is no discretion, and the applicant must be immediately released.

D. The onus of proving that the detention is illegal is on the applicant and in any event, even where that is established the High Court maintains a discretion with respect to ordering the applicants release.

Answer C. The onus of proving the legality of the detention rests on t

Question 36

3. Where a prosecution is initiated using the charge sheet procedure at what point does the court become seized with the case?

Answer 36

A. When the charge sheet is lodged with the Court Office.

B. When the complaint is made to the District Court Judge in court.

C. When the details are entered on the charge sheet.

D. When the DPP gives directions.

Answer B. When the complaint is made to the District Court Judge in cou

Question 37

4. Which of the following statements is always correct?

Answer 37

A. Only professional witnesses may refer to contemporaneous notes.

B. A previous consistent statement amounts to corroboration.

C. A witness who refreshes his or her memory from a non-contemporaneous statement must do so outside court.

D. A witness who refreshes his or her memory from a non-contemporaneous statement must do so in the presence of other witnesses so that they can compare notes.

Answer C. A witness who refreshes his or her memory from a non-contempo

Question 38

5. A prisoner is ordinarily entitled to remission of up to:

Answer 38

A. One quarter of their sentence.

B. One eight of their sentence

C. Half of their sentence

D. Eighty percent of their sentence

Answer A. One quarter of their sentence.

Question 39

6. Elva is charged with violent disorder. The book of evidence is served, and her counsel realises that it is not asserted in the book of evidence that Elva either used violence or threatened to do so. Her counsel should:

Answer 39

A. Make an application for disclosure of all documents required to be served under section 4D of the 1967 Criminal Procedure Act as amended.

B. Call depositions under section 4F of the 1967 Criminal Procedure Act as amended.

C. Apply for a dismissal of the charge under section 4E of the 1967 Criminal Procedure Act as amended.

D. Wait until the trial rather than draw attention to this omission and advise the client that she will be entitled to an acquittal.

Answer C. Apply for a dismissal of the charge under section 4E of the 19

Question 40

7. Which of the following statements is invariably INCORRECT?

Answer 40

(i) Incriminating evidence obtained illegally or improperly does not always breach a constitutional right of the accused.
(ii) If an arrest is found to be invalid or unlawful the arrestee must be released from custody but may be subsequently re-arrested and detained.
(iii) Where a suspect has been charged with respect to an offence he may no longer be questioned by the Gardai with respect to it.
A. (i)Only

B. (ii)Only

C. (iii)Only

D. None of the statements is invariably incorrect.

Answer D. None of the statements is invariably incorrect.

Question 41

8. Which of the following statements is correct?

Answer 41

(i) The District Court has no jurisdiction to grant bail where the accused is charged with murder.
(ii) The District Court has no jurisdiction to grant bail where an accused is charged with a serious offence (as specified in the Schedule to the Bail Act 1997) which is alleged to have been committed while he was on bail for another serious offence.
A. (i)Only

B. Only

C. Both (i) and (ii) are correct

D. Neither statement is correct

Answer A. (i)Only

Question 42

9.Information is given in the District Court under the Petty Sessions (Ireland) Act 1851 alleging that Duncan has committed an offence. A summons is issued by the court and sent to Duncan by registered post to his business address. How long before the date fixed for hearing must the summons be served.

Answer 42

A. At least 21 days.

B. At least 6 months

C. At least 28 days

D. At least 7 days

Answer A. At least 21 days.

Question 43

10. Which of the following describes the reason for refusal of bail which was added by section 2 of the Bail Act 1997:

Answer 43

A. Fear the accused may intimidate witnesses

B. Fear the accused will abscond

C. History of bench warrants

D. Prevention of commission of a serious offence by that person.

Answer D. Prevention of commission of a serious offence by that person.

Question 44

11. On 6th November 2004 James appears in the District Court on a charge of theft. The case is adjourned, and he is bailed to return to court on 20th November. On 19th November he is alleged to have gone into Dunnes stores and stolen a bottle of whisky, and later to have gone into Dixons and stolen a camera. As a result he is arrested and charged with two further offences of theft. James is ultimately convicted in the District Court of all three offences.

Answer 44

(i) 9 months imprisonment for each offence, all three sentences to run consecutively.
(ii) One year for each offence, all three sentences to run concurrently.
A. (i)Only

B. Only

C. Both (i) and (ii)

D. Neither (i) or (ii)

Answer D. Neither (i) or (ii)

Question 45

12. Where an applicant for bail wishes to renew a Bail application and the objection raised was not one under S2 of the Bail Act, the Court will normally only allow the application to be renewed in which of the following situations?

Answer 45

A. Where the accused has pleaded guilty

B. Where the accused has spent at least 6 months in custody

C. Where there is a material change in circumstances.

D. Where the accused has brought compensation to Court for the injured party.

Answer C. Where there is a material change in circumstances.

Question 46

13. Failure to surrender to bail is a criminal offence under which of the following?

Answer 46

A. Section 13 of the Criminal Justice Act 1984

B. Section 4 of the Criminal Justice Act 1984

C. Section 2 of the Criminal Law Act 1997

D. Section 13 of the Criminal Procedure Act 1967

Answer A. Section 13 of the Criminal Justice Act 1984

Question 47

14. Shirley pleaded guilty in the District Court to assault contrary to section 2 of the Non-Fatal Offences Against the Person Act 1997 and was sentenced to 9 months imprisonment. Shirley was refused bail in relation to the offence and spent 3 months in custody awaiting trial. You acted for Shirley at the District Court hearing and although you advised the Judge that you understood the maximum sentence for this offence was 6 months, the Judge disregarded what you said and proceeded to sentence Shirley to 9 months. You also requested that the sentence be backdated to include the time Shirley spent in custody awaiting trial, however the District Court Judge stated that he had no jurisdiction to do this. Which of the following is the correct advice to give Shirley in these circumstances?

Answer 47

A. You will make an urgent appeal to the Court of Criminal Appeal due to the serious errors of law made by the District Judge.

B. You will make an Article 40 application looking for both the immediate release of Shirley as well as an order quashing the District Court conviction.

C. You will make an Article 40 application looking for the immediate release of Shirley on account of the fact that at present she is illegal detention.

D. There is nothing that can be done in these circumstances and so Shirley will have to serve out the 9-month sentence, although she should get time off for good behaviour.

Answer B. You will make an Article 40 application looking for both the i

Question 48

15. When a prisoner is detained under S4 of the Criminal Justice Act (1984) the period for which they may be detained without charge (initially – where no extension is given) shall not exceed:

Answer 48

A. 12 hours from the time of arrest

B. 10 hours from the time of arrest

C. 4 hours from the time of arrest

D. 6 hours from the time of arrest

Answer D. 6 hours from the time of

Question 49

16. Jack and Hanna are jointly charged with forgery offences under the Theft and Fraud Offences Act 2001. None of the offences charged contain any element of violence. Both plead not guilty. The prosecution wish to call Maria, Jacks wife. Hanna wishes to call Albert, her husband, to give evidence on her behalf. Neither Maria nor Albert have been charged with any offence and both marriages ate fully subsisting. Are Maria and Albert competent and compellable?

Answer 49

A. Maria is competent but not compellable for the prosecution, Albert is competent but not compellable on behalf of Hanna.

B. Maria is competent and compellable for the prosecution; Albert is competent and compellable on behalf of Hanna.

C. Maria is competent but not compellable for the prosecution, Albert is competent and compellable on behalf of Hanna.

D. Maria is competent and compellable for the prosecution; Albert is competent but not compellable on behalf of Hanna.

Answer C. Maria is competent but not compellable for the prosecution, Al

Question 50

17. SI 119/1987 Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Siochana Stations) Regulations outlines regulation to be complied with when persons are detained. These regulations apply to all persons detained under which of the following?

Answer 50

A. S4 of the Criminal Justice Act 1984

B. S30 of the Offences Against the State Act 1939 (as amended)

C. S2 of the Criminal Law (Drug Trafficking) Act 1996

D. All of the Above

Answer D. All of the Above