WR CIVIL 2

Question 1

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)
1. 2 yrs
2. one yr
3. 6 mos
4. 3 mos

Answer 1

2 one yr

Question 2

Denis was convicted of a number of sexual offences in the Circuit Criminal Court and was given a 2 yr suspended sentence. The trial judge referred to the failure of the State to provide appropriate therapy for sex offenders in prison 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 accurately states the approach which should be taken by the Court of Criminal Appeal (“the Court”)?
1. The Court must decide what it considers the appropriate sentence would have been in this particualr case, if it considers a harsher sentence qould have been appropriate (even if only slightly harsher) it must intervene and adjust the sentence.
2. 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.
3. 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
4. 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 2

3 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

Question 3

A group of you are having a discussion about the two tyoes of case stated that can be sought in the District Court. It is accepted among you that the appeal by way of case stated at the end of the District Court proceedings. In the discussion, the following assertions are made however only one of them is correct. Which one?
1. In the appeal by way of case stated, the High Court can reverse, affirm or amend the determination of the District Court on the basis od 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 oenalty imposed by the District Court on the hearing of the case stated.
2. In the appeal by way of case stated, the High Court can reverse, affirm or amend the determination of the District Court on the basis od the law determined or it can remit the case back to the court. The High Court also has a descretion to amend or reduce a oenalty imposed by the District Court on the hearing of the case stated.
3. The decision of the High Court in an appeal by way of case stated can be appealed to the Supreme Court where is a point of exceptional public importance
4. The is no statutory right to appeal the determination of the High Court on consulatative case stated to the Supreme Court.

Answer 3

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

Question 4

Which of the following statements is/are correct in relation to disclosure in criminal cases?
(i) The Gardaí 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 teh court can never order the disclosure of the name of a garda informer.
1. (i) only
2. (ii) only
3. Both (i) and (ii)
4. Neither (i) nor (ii)

Answer 4

1. (i) only

Question 5

Which of the following statements is/are correct?
(i)If a person stands as a surety the must always lodge the full amount of the surety with the court.
(ii)A court is entitled to take into account the relatinonship of the proposed surety to the accused before decideing whether the proposed surety is suitable.
1. (i) only
2. (ii) only
3. Both (i) an (ii)
4. Neither (i) nor (ii)

Answer 5

2 (ii) only

Question 6

Under the Children’s Act 2001, 3 of the following categories of persons are entitles to attend proceedings in the Children’s Court. However, one category will be excluded unless the court uses it’s discretion to permit them to retain. Which one?
1. Parents of accused child
2. Guardian of accused child
3. Bona fide of accused child
4. Counsel representing a child in a differnet case, waiting for the other case to be called on

Answer 6

4 Counsel representing a child in a differnet case, waiting for the other case to be called on

Question 7

Which of the followin statements is correct in relation to admission of hearsay evidence in bail applications?
1. Hearsay evidencecan never be admitted in a bail application as this would be grossly prejudicial to the accused
2. Hearsay evidence must always be admitted in a bail application as this assists the efficient administration of justice and avoids delay.
3. The judge has a discretion whether to admit hearsay evidence in the bail applications but can only admit such evidence if it realtes to the alleged offence itself and goes to show the guilt of the sccused. Hearsay evidence relatin to reasons for the objection for bail cannot be heard as these are collateral matters.
4. The Judge has a discretion whether to admit hearsay evidence in a bail application.

Answer 7

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

Question 8

Xavier, a foreign national, pleads guilty to theft in the District Court. Which of the following oreders or sentences can the judge NOT make or impose under any circumstances
1. Fine
2. Deportation Order
3. Suspended sentence of imprisonment on condition that Xavier keeps the peace and is of good behavior and also on condition that he leaves the State and does not return for a specifies perios
4.Community service order

Answer 8

2 Deportation Order

Question 9

Which of hte following statements relating to S,4 of the Criminal Law Act 1997 is corrrect?
(i) An offence punishable by at least 3yrs 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 Siochanna
1. (i) only
2. (ii) Only
3. (i) and (ii)
4. Neither (i) nor (i)

Answer 9

4 Neither (i) nor (i)

Question 10

The Gardai lawfully arrest John and immediately search his immediate environment. Which of the following categories of goods in John’s custody or posession may they seize if the believe it is necessary to do so to prevent the destruction of the goods?
(i)Evidence in support of the criminal charge on foot of which he was arrested
(ii)Evidence in suppprt of any other criminal charge against John then being contemplated
(iii)Goods which the Gardaí reasonably believe to be stolen property an/or goods which the Gardaí reasonably believe are unlawfully in John’s posession
1. (i) only
2. (i) and (iii) only
3. (i), (ii) and (iii)
4. None of the above. The gardai may not seize anything they as do not have a serch warrant

Answer 10

3 (i), (ii) and (iii)

Question 11

Felicity is 15. She is the only witness to the commission of a crime and is terrifies that the accused will intimidate her in Court to the extent that she may be unable to egive evidence. You act for the prosecution. In order to assist her, you make an applicatioin to the court that her evidence be given by live video link in accordance with provisions of Sections 12-19 of the Criminal (EvidenceO Act 1992 as ammended. Your application will be unsuccessful if the offece charged is;
1. S3 Assault causing harm
2. Larceny
3. Rape
4. Robbery

Answer 11

2 Larceny

Question 12

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 prosecution must:
1. Refer to a caravan, state that is was not Paul’ property and identify the road so as to describe the property in question and the location of the offence with sufficient particularity
2. 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
3. Refer to general address and attach a photgraph of the caravan
4. Refer to the caravan only, stating it’s owner and approximate values, the address is immaterial given that the caravan was not there permanenty

Answer 12

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

Question 13

When a witness has made an out-of-court statement priot to giving evidence at trail, it is always admissable when
1. It’s consistent with his evidence
2. It’s inconsistent with his evidence
3. It was made contemporaneously
4. It doesn’t contain any hearsay

Answer 13

2 It’s inconsistent with his evidence

Question 14

In which of the following circumstances is it possible to sentence a 16 yr old boy to a sentence of imprisonment?
1. Where the Court certified that the young person is of so unruly a character that he cannot be detwined in a place of detention
2. Where there is no room in any available place of detention and the term of the sentence does not exceed 3 mos
3. Where he has been convicted of murder contrary to common law
4. None of the above, as a child under the age of 17 may not be sentence to imprisonment under any circumstances

Answer 14

1 Where the Court certified that the young person is of so unruly a character that he cannot be detwined in a place of detention

Question 15

Which of the following is invariably INCORRECT?
(i) Evidence of a previous, ID is not admissable if a dock ID is possible.
(ii) Evidence of a previous out of vourt ID is admissable as an exception to the rule against hearsay
(ii)Evidence of a previous out of court ID is admissable as an exception
1. (i) only
2. (ii) only
3. (iii) only
4. None of the above statements are invariably incorrect

Answer 15

1 (i) only

Question 16

Unless legislation provides to the contrary in relation to a specific offence, a complaint alleging a summary offence must be laid within what peris from the date of commission of the offence
1. 12 mos
2. 6 mos
3. 3 mos
4. 6 weeks

Answer 16

2 six mos

Question 17

Henry is charged with violent disorder. On January 1st 2004, in the District Court, Henry is served with the book of evidence (documents referred to in S.4B(1) of Criminal Procedure Acr 1967) and sent forward to the Circuit Court. On 24th January 2005, Henry’s solicitor wishes to serve an alibi botice and seeks your advice as to the statutory time limits. What is the correct advice?
1. H is within the statutory time limit to serve the alibi notice.
2. Henry is outside of the statutory time limit and according to statute, leave must be refused.
3. H is outside the statuory time limit but, according to statute the court shall not refuse leave if it appears the District Court didn’t inform H of the requirements relating to the alibi notice.
4. H is outside the stautory time limit bit if it appears to the court that H’s solicitor dodn’t inform H of the requirements relating to the alibi ntoice

Answer 17

3 H is outside the statuory time limit but, according to statute the court shall not refuse leave if it appears the District Court didn’t inform H of the requirements relating to the alibi notice.

Question 18

A sentencing judge may NOT:
1. Back-date a sentence of imprisonment
2. Postpone a sentence of imprisonment
3. Adjourn sentencing and consider imposing a suspended sentence on the adjourned date
4. Impose a sentence with a review date and consider suspending the balance of the sentence on the review date.

Answer 18

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

Question 19

A hostile witness is:
1.Unfavourable witness
2.Unpleasant witness
3.A witness who shows no desire to tell the truth at the instance of the party calling him
4.A witness who shows no desire to answer the questions of the party cross examining him

Answer 19

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

Question 20

In which of the follwing circumstances may a judge permit a picture of a child accused in the prceedings currently before the court to be published or included in a broadcast?
1. The offence is of a sexual nature and it’s in the best interests of the public that that child be identified
2. The victim of the offence requests in court that the child accused be identified
3. The Prosecution make an application during the trial of a serious offence to have the child accused named and identifies in the interests of justice
4. The child is unlawfully at large, and the court is satisfied that its necessary to do so for the purposes of apprehending the child.

Answer 20

4 The child is unlawfully at large, and the court is satisfied that its necessary to do so for the purposes of apprehending the child.

Question 21

Which of the following is correct in relation to “consultative” case stated under section 52 of the Courts (Supplemental Provisions) Act 1961?
1. 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
2. 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
3. It is necessary to get the consent of the prosecution before an application to slate a case can be made to the District Court Judge
4. 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 21

4 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

Question 22

Where an accused is charged with a schedule’s offence persuant to the Offences against the State Act 1939 as ammended and is being sent forwards to the Circuit Court, which of the following must the DPP specifically consent to?
1. Granting of bail to the accused
2. Trial in an ordinary court
3. Granting of legal aid
4. All of the above

Answer 22

2 Trial in an ordinary court

Question 23

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 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 also denies this. The Defence apply to call evidence from Gordon, the choirmaster, in order to prove the Emer is not in the choir and from the eye surgeon who treated Emer. The trial judge must:
1. Refuse both applications as they relate to collateral matters and the defence must accept the answers given.
2. Accede to both applications because the first is relevent to the issue of identification and second is evidence of physical disability affecting reliabilty.
3. 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 disabilty affecting reliability
4. Accede to the first because it is relevant to the issue of the identification but refuse the second becasue it is a collateral matter, and the defence must accept the answers given.

Answer 23

2 Accede to both applications because the first is relevent to the issue of identification and second is evidence of physical disability affecting reliabilty.

Question 24

Where a prisoner has been detained under section 20 of the Offences the State Act 1939 (as amended by Offences Against Act 1998) the total mount of time that he can be detained wothout charge (including any extension of detention period directed by the CHief Superintendent) without being produced in court shall not exceed
1. 24hrs
2. 48hrs
3. 72hrs
4. 102hrs

Answer 24

2 48hrs

Question 25

Erika pleaded guilty in the Circuit Criminal Court to ffences contrary to the Misuse of Drugs Act 1997 as amended and was sentenced to 3yrs imprisonment. She is appealing to the COurt of Crimnal Appeal and now wants to plead not guilty, as she didn't understanf what she was pleading at the time of her hearing. SHe has discharged her previous legal team and she is ashing you for your adice on this issue. Which is the correct advice? 1. The appeal hearing is a de novo hearing and therefore it is open to Erika to plead not guilty at this stage 2. As Erika pleaded guilt in the Circuit Court, normally only in exceptional circumstances would the Court of Criminal APpeal allow o change of plea on appeal 3. Erika must judicially review the arraignment and sentence hearing in the Circuit Court before she would be entitled to a full apeal in the Court os Criminal Appeal 4. There are no circumstances in which Erike would be entitled to change her plea at this stage

Answer 25

2 As Erika pleaded guilt in the Circuit Court, normally only in exceptional circumstances would the Court of Criminal Appeal allow o change of plea on appeal

Question 26

In a case involving a rape or other sexual offence, evidence of a complaint will NOT be admitted if it is: 1. A statement made soon after the alleged offence 2. A statement made to a number of witnesses 3. Not voluntary 4. A statement elcited by questioning

Answer 26

3 Not voluntary

Question 27

A person against whom the facts charged hace been proven will not receive a recorded conviction if the sentencing judge: 1. Makes an order under Section 1(2) of the Probabtion of Offenders Act 1907 2. Makes an order under Section 1(1)(a) of the Probabtion Offenders Act 1907 3. Imposes a fine only 4. Makes a Community Service order

Answer 27

2 Makes an order under Section 1(1)(a) of the Probabtion Offenders Act 1907

Question 28

Jed is charged with 9 counts or buggery involving 3 complainants; X, Y, and Z, all of whom are 8 y/o boys who are students of Jed. X allegesthat Jed visited him at ngiht and brought him to the bathroom in the school. X says yhay he was buggered in the bathroom twice. Y says that Jed visited him 3 times and eacht tiime took him to the bathroom and buggered him. The third complainant, Z, says he was taken to a nearby forest on a school trip and buggered there. He further says that all the same offences occured when he was taken to a deserted beach on four different occasions on 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? 1. The trial judge must accede to the application as it is not possibel to include counts on an indictment which relate to separate incidents and separate complainants as this would be grossly prejudicial. 2. 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. 3. The trial judge must refuse applicatioin because the prosecuation is entitled to join any number of charges on the same indictment, even if they arise out of separate incidents, providing the same number of counts on the indictment is not so great as to constitute prejudice itself. 4. The trial judge must refuse the application beacuse the account of each can clearly corroborate that of the others and the rules of procedure ought not to offend against common sense.

Answer 28

2 The trial judge may accede to the applicatioin 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.

Question 29

Sending forward to the Circuit Crimnal Court, Central Court or Special Crimnal Court is governed by: 1. THe Criminal Law Act 1997 2. The Criminal Justice Act 1967 as amended by The Criminal Procedure Act 1999 3. The Criminal Justice Act 1984 4. THe Criminal Justice Act 1951

Answer 29

2 The Criminal Justice Act 1967 as amended by The Criminal Procedure Act 1999

Question 30

Barry was apprehended in a house that containes large quantities of drugs. He is being tried in the CIrcuit 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 accuse had made none of the statements tendered in evidence, that he hadn't poined 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 statemnets. Counsel for the State has applied for leave to cross-examine the accused as to his previous convictions. What course of action should by followed by the Trial Judge? 1. Permit the cross-examination ( while the jury are present) becasue the conduct of the sccused's case has involved the casting of imputations on the character of a prosecution's witness 2. 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. 3. Disallow the cross-examination because the cross-examination is something which the court can never allow. 4. Permit the cross-examination of teh 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 ross-examination should take place in the absence of the jury.

Answer 30

2 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.

Question 31

Which of the following statements is always correct? 1. Leading quesions are permitted when asked by the party calling the witness 2. Leading questions are permitted when a witness cannot remember the events at issue 3. Leading questions are permitted when asked in cross-examination. 4. Leading questions are permitted when they refer to the occupation of the witness

Answer 31

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

Question 32

You are having a discussion with a number of colleagues about how the Article 40 procedure workd 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 procedure it takes over all other court business and the speed with which the inquiry is conducted. However, you disagree with respect the 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? 1. THe onus of proving that the detention is illegal rests on the applicant, but once that is establishes, the applicant will be immediately released, and the High Court has no discretion in the matter. 2. THe onus of proving the legailty 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 3. 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. 4. 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 applicant's release

Answer 32

3 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.

Question 33

Where a prosecution is initiated using the charge sheet procedure at what point does the court become seized with the case? 1. WHen the charge sheet is lodged with the COurt Office 2. THe complaint is made to the District Court Judge in court 3. When the details are entered on the charge sheet 4. WHen the DPP gives directions

Answer 33

2 THe complaint is made to the District Court Judge in court

Question 34

Which of the following statements are always correct? 1. Only profession witnesses may refer to comtemporaneous notes 2. A previous consistent statement amounts to corroberation 3. A witness who refreshes his or her memory from a non-contemporaneous stateement must do so outside of court 4. A witness who refreshes his or her memory from a non-contemperaneous statement must do so in the presence of other witnesses so that they can compare notes

Answer 34

3 A witness who refreshes his or her memory from a non-contemporaneous stateement must do so outside of court

Question 35

A prisoner is ordinarily entitles to remission of up to: 1. 1 quarter of their sentence 2. 1 eigth of their sentence 3. Half their sentence 4. 80% their sentence

Answer 35

1 1/4 of their sentence

Question 36

Elva is chrged 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 shoul: 1. Make an application for disclosure of all documents required to be served under section 4D of the 1967 Criminal Procedure Act as amended 2. Call depositions under section of the 1967 Crimnal Procedure Act as amended 3. Apply for a dismissal of the charge under section 4E of the 1967 Criminal Procedure Act as amended 4. Wait until the trial rather than draw attnetion to this omission and advise the client hat she will be entitled to an aquittal

Answer 36

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

Question 37

Which if the following statements is invariably INCORRECT? (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 arestee must be released from custody but may be subsequently re-arrested and detained (iii)WHere a suspect has been charges with respect to an offence he may longer be questioned by the Garaí with respect to it 1. (i) only 2. (ii) only 3. (iii) only 4. None of the above are incorrect

Answer 37

4 None of the above are incorrect

Question 38

WHich of the follewing statements is correct? (i) THe District COurt has no jjurisdiction to grant bail where the accused is charged with murder The District Court has no jurisdiction t grant bail where and 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 1. (i) only 2. (ii) only 3. Both (i) and (ii) are correct 4.3. Both (i) and (ii) are incorrect

Answer 38

1. (i) only

Question 39

An information is made in the DIstrict Court under the Petty Session (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? 1. At least 21 days 2. At least 6 mos 3. At least 28 days 4. At least 7 days

Answer 39

1. At least 21 days

Question 40

Which of the follwing describes the reason for refusal of bail which was added under section 2 of the Bail Act 1997 1. Fear the accused may intimidate witnesses 2. Fear the accused will anscond 3. Hstory of bench warrants 4. Prevention of commission of a serious offence by that person

Answer 40

4 Prevention of commission of a serious offence by that person

Question 41

On 6th Nov 2004 James appears in the District Court on a charge of thft. The case is adjourned and he is bailed to return to court on 20th Nov. On 19th Nov be is alleged t have gone into Dunnes Stores and stolen a bottle of whiskey, 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 of all three offeces. (i) 9 mos imprisonment for each offence, all 3 sentences to run consecutively (ii) 1 yr fir each offence, all three sentences run concurrently 1. (i) only 2. (ii) only 3. Both (i) and (ii) 4. Neither (i) nor (ii)

Answer 41

4 Neither (i) nor (ii)

Question 42

WHere an applicant for bail wishes to renew a Bail application anf the objetion 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? 1. The accused has pleaded guilty 2. The accused has spent at least 6 mos in custody 3. There is a material change in circumstances 4. THe accused has brought compensation to Court for the injured party

Answer 42

3 There is a material change in circumstances

Question 43

Failure to surrender to beil is a criminal offence under which of the following? 1. Section 13 of the Criminal Justice Act 1984 2. Section 4 of the Criminal Justice Act 1984 3.Section 2 of the Criinal Law Act 1997 4. Section 13 of the Criminal Law Act 1967

Answer 43

1. Section 13 of the Criminal Justice Act 1984

Question 44

Shirley pleaded guilty in te District Court to assault contrary to section 2 of the Non-Fatal Offences Against a Person Act and was sentenced to 9 mos imprisonment. Shirley was refused bail in relation to the offence and spent 3 mos in custody awaiting trial. You acted for Shirley at the District Court hearing and although you advised the Judge that you understood the maxmum sentence for this offence was 6 mos, the Judge diregarded what you said and proceeded to sentence Shirley to 9 mos. You also requested the sentence be back dated to include the time Shirley spent in custody awaiting trial, however the District Court Judge stated that he had no jurisdiction in this. Which of the following is the correct advice to give Shirley in these circumstances? 1. YOu will make and urgent appeal to the Court of Criminal Appeal due to the serious errors of law made by the District Judge 2. 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 3. You will make an Article 40 application looking for both the immediate release of Shirley on account of the fact that at present she is illegal detention 4. 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 44

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

Question 45

WHen a criminal is detained under S4 of the Criminal Justice Act (1984) the perios for which they may be detained without charge (initially - where no extension is given shall not exceed: 1. 12 hrs from time of arrest 2. 10 hrs " 3. 4 hrs " 4. 6 hrs "

Answer 45

4 six hrs

Question 46

Jack and Hanna are jointly charged with forgery offences under the Theft and Fraud Offences Act 2001. None of the offences charged contains any element of violence. Both plead not guilty. The prosecution wish to call Maria, Jack's wife. Hannah wishes to call Albert, her husband, to give evidence on her behalf. Neither Maria nor Albert have been charges with any offence and both marriages are full subsisting. Are Maria and Albert competent and compellable? 1. Maria is competent but not compellable for the prosecution, Albert is competent but not compellable on behalf of hanna 2. Maria is competent and compellable for the prosecution. Albert is competent and compellable on behalf of Hanna 3. Maria is competent but not compellable for the prosecution. Albert is competent and compellable on behalf of Hanna 4. Maria is competent and compellable for the prosecution. Albert is competent but not compellable on behalf of Hanna

Answer 46

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

Question 47

S1 119/1987 Criminal Justice Act 1984 (Treatment of Persons in Custod in Garda Siochánna Stations) Regulations outlines regulations to be compiled with when persons are detained. THe regulation apply to al persons detained under which of the following? 1. S4 of the Criminal Justice Act 1984 2. S30 of the Offences Against the State Act 1939 (as amended) 3. S2 of the Criminal Law (Drug Trafficking) Act 1996 4. All of the above

Answer 47

4 All of the above

Question 48

Alice is charged with a summary offence and an indictable offence. She is sent forward fr trial in the Circuit Court. The indictment contains both offences. She asls whether this is permissable. Which of the following is the correct advice? 1. The indictment may include a count in respect if any summary offence provided the accused has been charged with it 2. The indictment may include a count in respect if any summary offence provided the accused has been charged with it and it raises out of the same set of facts as the indictable offence on the indictment 3. The indictment cannot contain a summary offence as summary offences must be tried in the District Court 4. The indictment may include a count in respect of a summary offence provided the accused has been charged with it and it is not an offfence of strict liability

Answer 48

2 The indictment may include a count in respect if any summary offence provided the accused has been charged with it and it raises out of the same set of facts as the indictable offence on the indictment

Question 49

Which of the following statements regarding the poers of the Court of Criminal Appeal ("the Court") is/are correct? (i)Even if an appellent succeeds on a ground of appeal, the Court has discretion to dismiss the appeal and affirm the conviction if it considers that no miscarriage of justice has actually occurred (ii)If the Court quashes a conviction it may order a retrial for the same offence 1. (i) only 2. (ii) only 3. (i) and (ii) 4. Neither (i) nor (ii)

Answer 49

3 (i) and (ii)

Question 50

Your client is shocked when, during his trial in the Circuit Court, the prosecution serve two additional statements of evidence. One is a further statement of the existing witness, and the other is from a witness hitherto not listed as a witness. He asks whether these statements can be admitted. Which of the following is the correct advice? 1. Both statements may be admitted on certain provisos 2. Neither statement can be admitted as the trial has begun 3. The statement of the existing witness may be admitted on certain provisos, but the statement relating to the witness who is not listed as a witness cannot. 4. The statements cannot be admitted as they were not listed in the Book of Evidence

Answer 50

1. Both statements may be admitted on certain provisos

Question 51

Your clients case hinges on identification evidence. The defence go to great lengths to point out the weaknesses of the identification evidence in their closing speech to the jury. When charging the jury, which of the proposed courses of action below would be the appropriate course fr the judge to take? 1. Read the required formula directly from the passage in People (AG) v Casey(No.2)[1963]IR33 taking care not to vary the warning according to the facts of the instant case. 2. Make no reference to the isse where the Defence have dealt adequately with it in their closing. 3. Follow the guidance in People(AG) v Casey(No2)[1963]IR33 being mindful that the formula set out is not meant to be a stereotyped formula and its weight and content should vary according to the facts of each case 4. Point out to the jury that without corroborating video evidence, identification evidence should be disregarded.

Answer 51

3 Follow the guidance in People(AG) v Casey(No2)[1963]IR33 being mindful that the formula set out is not meant to be a stereotyped formula and its weight and content should vary according to the facts of each case

Question 52

Jen and Michael are divorced. Michael is being prosecuted for assaulting Jen (under section 3 of the Non-Fatal Offences Against the Person Act 1997) while the marriage subsisted. Is Jennifer competent and/or compellable on behalf of the prosecution? 1. Jen is competent and compellable 2. Jen is neither competent nor compellable 3. Jen is competent but not compellable 4. Jen is compellable but not competent

Answer 52

1. Jen is competent and compellable

Question 53

Daniel is charged with assault contrary to s.2 of the Non-fatal Offences Against the Person Act 1997. This is the second time the matter has come before the court and Daniel in on bail. He fully accepts responsibility for the assault and wishes to plead guilty. Today, Daniel entered a plea of guilty and as he has no previous convictions, the judge agreed to have the matter put back for the preparation of a probation and welfare report. It is indicated to the court that this will take six to eight weeks to prepare. The Judge then states that the matter will have to be listed before that, as he cannot remand a criminal matter for longer than 4 weeks. However, Daniel has told you in consultation that he cannot afford to miss more days from work that is completely necessary. Which of the following is the correct course of action? 1. You chould explain to the Judge that in the circumstances, there is no statutory limit to the remand period and the matter can be adjourned for a period of 6 weeks where both the accused and the prosecutor consent. 2. You should outline the situation with Daniels employment to the Judge and ask that Daniels appearance may be excused on the next occasion 3. You should agree to a remand date in 4 weeks time and tell Daniel that he will just have to attend court on the ect date as there is nothing that you can do about hs job difficulties 4. You should agree to the remand date in 4 weeks time and tell Daniel that as he will be at work that there will be no need for him to attend court on that date and that you will explain the situation on that day to the Judge

Answer 53

1. You chould explain to the Judge that in the circumstances, there is no statutory limit to the remand period and the matter can be adjourned for a period of 6 weeks where both the accused and the prosecutor consent.

Question 54

Where the defendent is refused legal aid in the District Court, which of the following is the appropriate nethod of appeal? 1. To appeal to the Circuit Court 2. To appeal to a District Court Judge 3. To judicially Review the decision of the District Court Judge to refuse legal aid 4. To appeal to the Court of Criminal Appeal

Answer 54

3 To judicially Review the decision of the District Court Judge to refuse legal aid

Question 55

You are acting on behalf of Sam who is charged wth a number of Road Traffic Offeces on the District Court and who has advised you that he accepts he committed the offences and will plead guilty. Before your case is called, you find out the prosecuting Garda is not in court and there des not appear to be anyone to deal with your case. WHen the case is called, what is the appropriate action to take? 1. Apply to have the matter struck out 2. Apply to have the matter dismissed 3. Apply for an adjournment 4. Tell your client that, since he has informed you he is guilty, if he does not want to enter a guilty plae today you will have to withdraw from the case, and he will have to seek alternative representation.

Answer 55

2 Apply to have the matter dismissed

Question 56

Jen has been charged with a number of offenced under the Misuse of Drugs Act 1977 and 1984 as amended, including a charge contrary to s.15A of that Act. THe first time she appeared before the District COurt on these charges was 6 weeks ago. The case is listed in the District Court today so that the matter can be sent forward to the Circuit Court. The State has indicated that there has been some difficulty in getting the Book of Evidence together as the investigating Garda was on leave, but at this stage it is all sorted out and will be ready to be served in 2 weeks time. The prosecution seek an estensionof time for service of the Book of Evidence. Which of the following is correct? 1. The Judge must dismiss the proceedings to extend time for servoce of the Book of Evidence 2. The Judge has a discretion for service of the book of evidence due to the seriousness of the offeces. 3. The Judge can proceed to the hearing and send the matter forward since the book of evidence can be served after the matter has been sent forward.

Answer 56

2 The Judge has a discretion for service of the book of evidence due to the seriousness of the offeces.

Question 57

Justin who has no previous convictions was charged with assault contrary to s.3 of the Non-Fatal Offences Against the Person Act 1997. In the District Court, the Garda applied to have Justin remande din custody. His reasons for objecting to bail were the seriousness of the charge and also that the ffece arose out of a stabbing incident that occured between two rival gangs engaged in a turf war, He feare that if Justin was released, "witnesses" might be intimidated although he did not specify any particular witnesses. The Judge refused bail stating that the question to be asked here was "whether the accused was going to go out and assault someone again?". The solicitor who acted for Justin at the abil hearing noe asks for your advice and he informs you that htere was no objection pursuant to s.2 of the Bail Act 1997 raised at the time of the bail hearing. WHat advice should you give? 1. Unfortunately, there is no option open to Justin here; the evience of the Garda was admissable as evidence relating to the background of the case and therefore the District Court Judge did not act in excess of his jurisdiction when he refused bail. Furthermore, there was no procedural deficiencies that has the effect of invaldating ant of the essential steps in the proceedings. 2. The only course of action here is to appeal the decision of the Judge to refuse bail in the Circuit Court. 3. The only course for action here if to see Judicial Review on the decision of the Judge to refuse abil. 4. It appears that the procedural and other deficiencies with regard to the bail hearing are such as to invaldate essential steps in the proceedings. This would make Justin's detention illegal and therefore, it would be apprpriate to make an article 40 application for Justin's immediate release.

Answer 57

4 It appears that the procedural and other deficiencies with regard to the bail hearing are such as to invaldate essential steps in the proceedings. This would make Justin's detention illegal and therefore, it would be apprpriate to make an article 40 application for Justin's immediate release.

Question 58

The statutry period within which a Book of Evidence should be served is; 1. 42 days of the accused first appearance in court 2. 42 days of the matter being sent forward. 3. 42 days of the charge being preferred against the accused. 4. 42 days of the commission of the offence.

Answer 58

1. 42 days of the accused first appearance in court

Question 59

In Ireland to cases of identification based of recognition, the position in Ireland per People(DPP) v Stafford [1983] IR165 is; 1. A Casey direction is not required as in cases of recognition the question becomes on of veracity and not identification. 2. A Casey direction is not required as recognition evidence is more reliable than other types of identification evidence. 3. A Casey direction is not required in cases of identification based on recognistion unless only one witness recognises the accused and there is no supporting evidence. 4. A Casey direction is required in all cases of identification by recognition

Answer 59

4 A Casey direction is required in all cases of identification by recognition

Question 60

Jane is just over 7 y/o. WHen she was 6 and a half she set fire to a chair in the janitors room in her school. The fire gt out of control and the janitors room and 3 classrooms were completely gutted. She has been charged with criminal damage and is due in Court next weeks. Which of the following is correct? 1. Because Jane is over the age of 7 but under the age of 14, the prosecution will have to prove she has sufficient capacity to commit the crime beofre the case can go ahead. 2. Because Jane is over the age of seven but under the age of 14, unless the Defence can prove she does not have sufficient capacity to commit the crime, the case will go ahead. 3. Because Jane was under the age of 7 at the time of the offence she is not considered to have sufficient capacity to commit and offence in law and therefore she is not in danger of conviction. 4. Because she was under the age of 7 at the time of the offence the Prosecution will have to prove she has sufficent capacity to commit the crime before the case can go ahead.

Answer 60

3 Because Jane was under the age of 7 at the time of the offence she is not considered to have sufficient capacity to commit and offence in law and therefore she is not in danger of conviction.

Question 61

You get a call from a solicitor who refers to a case you dealt with on his behalf two and a half weeks ago. You remember that the client pleaded guilty to a number of road traffic offences and received a three month sentence. THe judge also sset recognisances in the event of an appeal. You remember that you advised the client t appeal the sentence however the client said he would rather just get on and serve the sentence and did not want the stress of the appeal. The solicitor now tells you yesterday that client received a letter from his girlfriend which made him change his mind and now he wishes to enter an appeal against the severity of the 3-month sentence. Which of the following is the correct advice? 1.The time limit for serving a notice of appeal is 21 days from the District Court Order, therefore this should be done as soon as possible. 2.The time limit for lodging an appeal is 14 days from the District Court Order which means that the client is now out of time. An application should be made to the District Court to have the time within which to lodge an appeal extended. This must be made by notice of motion, which must be served on every party directly affected by the appeal and should be done as soon as possible 3.The time limit for lodging an appeal is 14 days from the District Court order which means that the client is now out of time. An application should be made to the District Court to have have the time within which to lodge an appeal extended, Due to the urgency of the cas, as the client is in custody, the application can be made ex parte and therefore this should be done as soon as possible. 4.The time limit for lodging an appeal is 14 days from the District COurt order which means that the client is now out of time. Although it is normally possible to apply for an extension of time, it will not be possible in this case since it was confirmed in People v Kelly [1982] IRLM 1 and is now settled law that an applicant wishing to extend time must establish both that he has formed a bona fide intention to appeal within the time limit and that there was an existence of somelthing like mistake - the client can establish neither of these

Answer 61

2 The time limit for lodging an appeal is 14 days from the District Court Order which means that the client is now out of time. An application should be made to the District Court to have the time within which to lodge an appeal extended. This must be made by notice of motion, which must be served on every party directly affected by the appeal and should be done as soon as possible

Question 62

Amanda pleaded guilt in the District Court to a number if theft offeces occurring f a number of months, contrary to s.4 Criminal Justice (Thft and Fraud Offences) Act 2001. She was then sentenced to a total of 22 months imprisonment. Although Amanda has a number of previous convictions for similar offences, in recent months she has made concerted efforts to address her serious heroin addiction and you feel the judge has failed to attahc enough wright to this fact as well as the fact that there was a plea of guilty. You advise Amanda that it is possible to appeal to the Circuit Court Judge against the severity of the sentence and you feel that on appeal there is a possibility that the sentence could be reduced. WHich of the folloeing is the correct advice? 1. That the maximum sentence the Circuuit Court Judge could impose on appeal is 24 months. 2. That the maximum sentence the Circuit Court Judge could impose in appeal is 5 years as Amanda has already been charged with offences that can be deat with either summarily or on indictment 3. That is Amanda is unsuccessful on appela there is a further right og appeal which lies from the Circuit Court to the Court of Criminal Appeal. 4. That as the appeal to the Ciruit Court is a de novo appeal, it is not possible to appeal against the severity os the sentence only, THerefore is will be necessary to have a full re-hearing of the case on an appeal.

Answer 62

1. That the maximum sentence the Circuuit Court Judge could impose on appeal is 24 months.

Question 63

An offence of possession of drugs with intent to supply contrary to s.15A of te Misuse of Drugs Act 1977 (as amended) attracts: 1. A mandatory sentence of life imprisonment 2. A mandatory sentence of 10 years imprisonment 3. A minimum mandatory sentence of 10 years imprisonment 4. A maximum sentence of 10 years imprisonment

Answer 63

3 A minimum mandatory sentence of 10 years imprisonment

Question 64

Your client has been served with a Book of Evidence and has instructed you to seek to have two of the three charges against him dismissed under s.4E of the Criminal Procedure Act, 1967 as amended. In the course of your application, the Judge asks you firstly whether there is any guidance in section 4E as to the applicable standard to dismiss and there is secondly whether you are entitled to challenge two of the three charges as opposed to all three. Which of the following is the correct reply? 1. Firstly, under s.4E(4) the standard to dismiss is "if it appears to the trial court that there is not a sufficient case to put the accused on trial...' Secondly, the accused is entitled to challenge two of the three charges. 2. Firstly, under s.4E(4) the standard to dismiss is "if it appears to the trial court that there is no case on the balance of probabilities to put the accused on trial..' Secondly, the accused is entitled to challenge two of the three charges. 3. Firstly, under s.4E(4) the standard to dismiss is "if it appears to the trial court that there is not a sufficient case to put the accused on trial..." Secondly, the accused is entitled to challenge two of the three charges and must challenge all three. 4. Firstly, under s.4E(4) the standard to dismiss is "if it appears to the trial court that there is no case beyond a reasonable doubt to put the accused on trial..." Secondly, the accused is entitled to challenge two of the three charges.

Answer 64

1. Firstly, under s.4E(4) the standard to dismiss is "if it appears to the trial court that there is not a sufficient case to put the accused on trial...' Secondly, the accused is entitled to challenge two of the three charges.

Question 65

For which of the following categories of offences does the accused have a right to elect by trial by jury? (i) Offences listed in the first schedule of the Criminal Justice Act 1951 as amended by the Criminal Justice (Miscellaneous Provisions) Act 1997 All offences created by statute where the statutes states punishment (a) on summary conviction and (b) on indictment. 1. (i) only 2. (i) only 3. Both (i) and (ii) 4. Neither (i) nor (ii)

Answer 65

1. (i) only

Question 66

Cormac, who is being prosecuted by the local authority in the District Court for breaches of the Waste Management Act 1996 as amended, has his first court date coming up in the next week. Your instructing solicitor, who is familiar with the Act, is of the view that the local authority has incorrectly interpreted the relevant sections in the Act, and he asks your advice as to the best way to challenge the authority's interpretation. Which of the following is the correct advice? 1. An application could be made to the District Court Judge, before he makes a finding on on guilt or innocence, to state a point of law to the high Court with respect to the interpretation of the particular section. However, you also advise that this would have the effect of removing Cormac's right of appeal to the Circuit Court. 2. An application could be made to the District Court Judge, before he makes a finding on guilt or innocence, to state a point of law to the High Court with respect to the interpretation of the particular section. You also advise that this would not affect Cormac's right of appeal to the Circuit Court. 3. Decisions regarding the interpretation of legislation in criminal cases can only be made by the Court of Criminal Appeal and therefore Cormac will have to fight the case on the facts in the District Court. However, if he is found guilty, he can then appeal to the Court of Criminal Appeal which will be able to consider the interpretation of the legislation 4. Cormac has no alternative but to fight the prosecution in the district Court on the merits. If he is found guilty he can appeal to the Circuit Court on a point of law regarding the interpretation of the Act.

Answer 66

2 An application could be made to the District Court Judge, before he makes a finding on guilt or innocence, to state a point of law to the High Court with respect to the interpretation of the particular section. You also advise that this would not affect Cormac's right of appeal to the Circuit Court.

Question 67

A judge, when convicting a person of burglary, would consider which of the following as an aggravating factor? 1. The fact that people were asleep upstairs at the time. 2. The fact that there was no one in the house at the time. 3. The fact that the offender is a drug addict. 4. The fact that cash was taken.

Answer 67

1. The fact that people were asleep upstairs at the time.

Question 68

Barry was convicted of of certain fraud offences in in the Circuit Criminal Court. Throughout his trial, he vehemently maintained his innocence and an appeal is pending. Since his conviction, your solicitor has discovered the existence of new evidence that supports Barry's particular version of events. The solicitor asks your advice about the admissibility of this new evidence at the appeal. Which is the correct advice? 1. I order to avail of the procedure by which new evidence can be heard at the to appeal, there must be ab application made to the Court of Criminal Appeal for leave to introduce this additional evidence at the appeal. 2. There is no procedure in place to allow additional evidence to be adduced at the appeal hearing and the appeal must be heard on the basis of the evidence submitted at the trial. 3. The new evidence can be adduced at the appeal hearing without leave so long as the DPP is put on notice. 4. The new evidence can be adduced at the appeal hearing and as you are acting for the defence, there is no necessity to put the other side on notice in relation to it.

Answer 68

1. I order to avail of the procedure by which new evidence can be heard at the to appeal, there must be ab application made to the Court of Criminal Appeal for leave to introduce this additional evidence at the appeal.

Question 69

Which of the following is correct? Where a person is 1S convicted on three counts of sexual assault on one victim, a sentencing Judge considering imposing a sentence of imprisonment: 1. Must impose concurrent sentences on each count 2. Must impose consecutive sentences on each count 3. Has a discretion to impose either concurrent or consecutive sentences. 3. Must impose consecutive sentences on at least 2 counts but has a discretion regarding the third count.

Answer 69

3 Has a discretion to impose either concurrent or consecutive sentences.

Question 70

A person does NOT have a right to elect for trial by jury in relation to which of the following offences? 1. An offence of theft, contrary to s.4 of the Criminal Justice(Fraud and Theft Offences) Act, 2001 2. An offence of perjury. 3. An offence under the Forgery Act, 1913. 4. An offence of assault causing harm, contrary to s.3 of the Non-Fatal Offences Against the Person Act 1997

Answer 70

4 An offence of assault causing harm, contrary to s.3 of the Non-Fatal Offences Against the Person Act 1997

Question 71

If an accused is granted station bail, what is the maximum time-limit within which he must appear before the District Court? 1. 8 days 2. 21 days 3. 28 days 4. 30 days

Answer 71

4 30 days

Question 72

Alan make has an entered application guilty for bail? plea in the District Court to the offence. In which court can he 1. The District Court 2. The High Court 3. He can't get bail having entered a plea of guilty 4. Either the District or the High Court

Answer 72

3 He can't get bail having entered a plea of guilty

Question 73

Which courts have jurisdiction to grant bail? 1. The District and the High court only 2. The District, the High court and the Supreme court 3. The District, the High and the Central, Circuit and Special Criminal Court. 4. The District, the High, the Supreme, the Central, Circuit and Special Criminal Court and the Court of Criminal Appeal

Answer 73

1. The District and the High court only

Question 74

What document(s) should be drafted for an application for bail in the High Court? 1. A statement of grounds. 2. A Notice of Motion and affidavit of the applicant. 3. An ex-parte docket affidavit of the applicant's solicitor. 4. An ex-parte docket and affidavit of the applicant.

Answer 74

2 A Notice of Motion and affidavit of the applicant.

Question 75

The necessary document(s) for a High Court bail application must be served on the Chief State Prosecution Solicitor. When? 1. 7 days prior to the bail application being made 2.two clear days before the hearing 3. By the close of business, the preceding Friday 4. Be the close of business the preceding Wednesday

Answer 75

2.two clear days before the hearing

Question 76

In what circumstances can someone other than the Garda arrest someone for an arrestable offence? 1. They cannot arrest someone of an arrestable offence. 2. Where they have reasonable cause for suspecting that an arrestable offence has beein, committed and with reasonable cause suspect that someone is guilty of that offence, they can arrest them without warrant. 3. Where an arrestable offence has been committed and they have reasonable cause to suspect that someone is guilty of the offence. 4. Where an arrestable offence has been committed and they have reasonable cause to suspect that someone is guilty of the offence and where with reasonable cause they suspect that the person to be arrested would otherwise attempt to avoid arrest.

Answer 76

4 Where an arrestable offence has been committed and they have reasonable cause to suspect that someone is guilty of the offence and where with reasonable cause they suspect that the person to be arrested would otherwise attempt to avoid arrest.

Question 77

In which of the following circumstances can a member of the Garda not arrest Michael under $30 of the Offence Against the State Act1939? 1. Where he suspects Michael had been concerned in the commission of an offence under any section of the Act 2. Where he suspects Michael of carrying documents relating to the commission of the offence. 3. Where he suspects Michael of being in possession of information relating to the intended commission of any such offence. 4. Where he suspects Michael of committing an Offence under the Act or murder, manslaughter, treason or piracy.

Answer 77

4 Where he suspects Michael of committing an Offence under the Act or murder, manslaughter, treason or piracy.

Question 78

The Garda suspecet Neasa is guilly ofa drug trafficking offence. They detain her under S2 Criminal Justice (Drug Trafficking) Act 1996. What is the total maximum amount of time that Neasa might be in in prison for before being charged? (Including if a chief superintendent and district of circuit court judges properly directs) 1. 3 days 2. 4 and 1/2 days 3. 5 days 4. 7 days

Answer 78

4 7 days

Question 79

Michelle is suspected of an offence contrary to the Offences Against the State Act 1939. She has been detained for 24 hours. Who must so direct for Michelle to be detained for further period? 1. an inspector 2. an officer not below the rank of superintendent 3. adistrict court judge 4. a circuit court judge.

Answer 79

2 an officer not below the rank of superintendent

Question 80

You represent Lydia who made a confession while she was in detention. She now denies her confession and wishes to have it excluded. You notice that her custody record is incomplete and has clearly been amended since her detention. This is a breach of Treatment of Persons in Custody Regulations pursuant to the Criminal Justice Act 1984 Which of the following is correct? 1. If there is a breach of these regulations, any consequent evidence is automatically excluded. 2. It is for the trial judge to decide whether or not the accused has been prejudiced. 3. The evidence will be excluded unless the prosecution can prove that there were extraordinary excusing circumstances for the breach 4. The defense must show that the evidence only came about as a result of the breach and that there were not any extraordinary excusing circumstances.

Answer 80

2 It is for the trial judge to decide whether or not the accused has been prejudiced.

Question 81

A Judge can take other offences into consideration for the purpose of sentencing where: 1. An accused has been convicted of an offence and, before sentence is imposed, he pleads guilty to other offences and asks the court to take them into account when imposing sentence. 2. A judge has no jurisdiction to take any other offences into consideration where an accused has not been charged with them. 3. A (above applies) but only where the DPP's consent has been given to accede to the defendant's request. 4. A lower court, which has before it charges against the accused to which he has pleaded guilty, requests the Judge imposing sentence to take these charges into consideration when imposing sentence

Answer 81

3 A (above applies) but only where the DPP's consent has been given to accede to the defendant's request.

Question 82

Once a witness has been declared "hostile" which of the following can the calling party do? (i) Cross-examine them as if they were a witness for the other side (ii) Introduce evidence of their bad character (iii) Introduce prior inconsistent statements (iv) Introduce evidence of bias 1. (ii) and (iii) 2. (i), (ii) and (iv) 3. (i), (iii) and (iv) 4. (i), (ii), (iii) and (iv)

Answer 82

3 (i), (iii) and (iv)

Question 83

In a District Court trial, what is the earliest point at which the defense may seek a direction to acquit on the basis that the evidence against the defendant is insufficient? 1. At the arraignment 2. When the DPP directs summary disposal 3. At the closing of the prosecution case 4. At the closing of the defense case

Answer 83

3 At the closing of the prosecution case

Question 84

At the outset of a contested hearing in the District Court the prosecution will give an outline of the case: 1. Where the District Judge requires it 2. Where the prosecution feels it would be helpful to their case 3. Where the defense requires it 4. In all cases

Answer 84

4 In all cases

Question 85

In Considine v. Shannon Regional Fisheries Board [1997] IR 404, the Supreme Court upheld the constitutionality of: 1. A defense appeal against a conviction in the District Court 2. A defense appeal against an acquittal in the District Court 3. A prosecution appeal against a conviction in the District Court 4. A prosecution appeal against an acquittal in the District Court

Answer 85

4 A prosecution appeal against an acquittal in the District Court

Question 86

Once a High Court Judge has decided a consultative case stated involving a criminal charge she may: 1. Affirm the order of the District Court 2. Reverse the order of the District Court 3.Remit the matter to the District Court 4. Acquit the defendant

Answer 86

3.Remit the matter to the District Court

Question 87

Where a person has been convicted and sentenced in the District Court and they intend to appeal which of the following is true: 1. The District the Judge has discretion to stay the execution of the sentence where the accused enters into a recognizance 2. The District Judge must stay the execution of the sentence where the accused enters into a recognizance 3. The accused must apply to the Cireuit Court for a stay on the execution of the sentence 4. The District Judge must stay the execution even if the accused fails to to perform the conditions of the recognizance

Answer 87

2 The District Judge must stay the execution of the sentence where the accused enters into a recognizance

Question 88

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 oft the High Court? 1. 24 hours 2. 3 days 3. 7days 4. 21 days

Answer 88

2 three days

Question 89

Dave gives a written statement to the Gardai 6 months after he observes a murder. Which of the following propositions are true? (i) Dave cannot refresh his memory from the statement (ii) Dave cannot refresh his memory from the statement while in court (iii) Dave cannot enter the statement into evidence (iv) Dave can enter the statement into evidence if he is cross-examined on it to a sufficient degree 1. (i) and (iii) 2. (ii) and (iv) 3. ()i only 4. None of the propositions are true

Answer 89

2 (ii) and (iv)

Question 90

Which of the following cases is the main authority for the proposition that the optimum method of pre-trial identification is an id parade? 1. DPP v Smith 2. DPP V Casey 3. DPP v O'Callaghan 4. DPP v O'Reilly

Answer 90

4 DPP v O'Reilly

Question 91

Is the DPP able to intervene to affect the withdrawal of a prosecution which has been taken by a member of the Garda and if so in what circumstances. 1. No, the DPP is never able to intervene to to affect a withdrawal of a prosecution brought by a member of the Garda. 2. Yes, the DPP is always able to intervene to affect a withdrawal of a prosecution brought by a member of the Garda. 3. The DPP is only able to intervene to to affect a withdrawal of the prosecution which has been taken by a member of the Garda in his capacity as a common informer. 4. The DPP is only able to intervene to affect a withdrawal of the prosecution which has been taken by a member of the Garda if he institutes a complaint in the name of the DPP.

Answer 91

2 Yes, the DPP is always able to intervene to affect a withdrawal of a prosecution brought by a member of the Garda.

Question 92

You are being prosecuted in the Circuit Court, before a Jury, for breaching the Competition Acts. Who is it that prosecutes you? 1. A member of the Garda 2. The DPP 3. The Competition Authority 4. Any of the above

Answer 92

2 The DPP

Question 93

In which of the following circumstances might the prosecution contemplate bringing proceedings afer six months from the date of the alleged offence. 1. An indictable offence being tried summarily in the District Court. 2. An indictable offence, contained in in the First Schedule of the Criminal Justice Act 1951, being tried summarily in the District Court. 3. Any indictable offence not contained in the First schedule of the Criminal Justice Act 1951. 4. An offence being tried on indictment.

Answer 93

???

Question 94

Where the summons is affected by hand, how many days before the date fixed for hearing should the summons be served? 1. 7days 2. 14 days 3. 21 days 4. 28 days

Answer 94

1. 7days

Question 95

How long can the defendant be remanded for in custody on subsequent appearances before the Court on that offence? 1. 30 days if the DPP and the person consents 2. 15 days if the DPP and the person consents 3. 30 days normally or 45 days if the DPP and the person consents. 4. 30 days if the DPP consents

Answer 95

3 30 days normally or 45 days if the DPP and the person consents.

Question 96

You have made an application in the District Court for legal aid, and it has been refused. In your view this refusal was unfair. Which of the following can you do? (i) Appeal the decision to the High Court (ii) Judicially review the decision (iii) Review the application in the higher courts should the matter be sent forward. 1. Any of the above 2. None of the above 3. (i) and (ii)and 4. (ii) and (iii)

Answer 96

4 (ii) and (iii)

Question 97

If the accused wishes to raise a defense of alibi, how long does the accused have to furish the prosecution with written particulars of said defense? 1. 7 days 2. 10 days 3. 14 days 4. 21 days

Answer 97

3 fourteen days

Question 98

Barry 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. not What does this mean for Barry? 1. Barry cannot be remanded in in Bail and instead will be remanded in custody. 2. Barry will be remanded on bail but will have to lodge the €200 once it becomes available to him. 3.Barry will be remanded in in custody and when the money is available, he can lodge it in court and then be be remanded on bail. 4. Barry will be remanded in custody and when the money is available, he can lodge it in prison and then be remanded on on bail.

Answer 98

4 Barry will be remanded in custody and when the money is available, he can lodge it in prison and then be remanded on on bail.

Question 99

Which of the following categories of offences are not eligible for station bail? 1. Possession of of drugs with intent to supply under $15A of the Misuse of Drugs Act. 2. Murder, rape, aggravated sexual assault and causing serious harm. 3. Murder, treason and genocide. 4. You are always eligible for station bail

Answer 99

3 Murder, treason and genocide.

Question 100

What statutory provision dictates that the prosecution must, in matters that proceed on indictment, furnish with a Book of Evidence? 1. S.6(1) of the Criminal Evidence Act 992 2. S.20 of the Criminal Justice Act 1984 (as amended by thr Criminal Justice Act 1999) 3. S. 4B of the Criminal Procedure Act 1967 (as inserted by s.9 of the Criminal Justice Act 1999) 4. S.1 (f) of the Criminal Jutice (Evidence) Act 1924

Answer 100

3 S. 4B of the Criminal Procedure Act 1967 (as inserted by s.9 of the Criminal Justice Act 1999)

Question 101

It is the Duty of the prosecution , whtther adducing such evidence of not, where possible, to make available all relevant evidence, parole of otherwise, in its possession, so that if the prosecution does not adduce suce evidence, the defense may, if it wishes, do so. In whta case was the above statement madr? 1. People (DPP) v. Meleady and Grogan 2. People (DPP) v. Tuite 3. Braddish v DPP 4. Murphy V DPP

Answer 101

2 People (DPP) v. Tuite

Question 102

Which of the following is the prosecution abliged to disclose to the defense? 1. The identity of a potential witness who has assisted the gardai without intending to be a prosecution ??witness and the prosecution has agreed not to call where such disclosure would place that person in danger 2. Information which it would not be in the public interest to diclose 3. A record of the particulars of the prisoner, his arrival at the Garda station, his arrest and the events the happended to him 4. A confidential statement made by a garda informant which would adentift the informant

Answer 102

3 A record of the particulars of the prisoner, his arrival at the Garda station, his arrest and the events the happended to him

Question 103

According to s. 20 of the Criminal Justice Act 1984 (as amended by the Criminal Justice Act 1999) notice of alibi should be given in writing to ythe solicitor for the prosecution within 1. 21 days 2. 7 days 3. 28 days 4. 14 days.

Answer 103

4 14 days.

Question 104

Which of these statements in relation to bad character evidence is correct 1. Evidence of bad character in rebuttal is confined to evidence of general reputation, including past convictions and evidence cannot be given of particular acts or of the disposition of the accused to commit the offence charged. 2. Evidence of bad character is not confined to general reputation where the accused is cross examined after choosing to give evidence in his own defense. 2. Evidence of bad character in rebuttal may be adduced to show not only that the accused is a person whose evidence might not be worthy of credit but also that he committed the offense charged 4. R v Samuel is authority for the proposition that the character of the accused is indivisible such that, for example, on a trial of a sexual offense, evidence may be elicited of previous conviction for offences involving honesty

Answer 104

4 R v Samuel is authority for the proposition that the character of the accused is indivisible such that, for example, on a trial of a sexual offense, evidence may be elicited of previous conviction for offences involving honesty

Question 105

What statutory provision makes an accused a competent witness in his own defense 1. S. 1 Criminal Justice (Evidence) Act 1924 2. S.6 Criminal Procedure Act 1865 3. S.6 (1) of the Criminal Evidence Act 1992 4. S.13 of the Criminal Procedure Act 1967

Answer 105

1. S. 1 Criminal Justice (Evidence) Act 1924

Question 106

Where the prosecutor consents to the accused being sent forward for trial, the prosecutor shall cause a number of documents e.g. a statement of the charges against the accused, a list of witnesses and the evidence to be given by them, a list of exhibits to be served on the accused or his solicitor within 1. 28 days 2. 21 days 3. 42 day 4. 31 days

Answer 106

3 42 day

Question 107

Section 4P of the statute provide that 1. Where after being sent forward for trial to the Circuit Court for an indictable offence the accused is sent forward for trial to the Central Criminal Court for another indictable offence connected with the original offence the Court may transfer the trial of the original offence tot eh Central Criminal Court. 2. Where the offence sent forward for trial to the Circuit Court for an indictable offence the accused is sent forward for trial to the Central Criminal Court for another indictable offence 3. Where the accused is sent forward for trial to the Circuit Court is may remand the accused in custody to appear in the Circuit Court in which the accused resides 4. To determine whether any matters for judicial review arise

Answer 107

1. Where after being sent forward for trial to the Circuit Court for an indictable offence the accused is sent forward for trial to the Central Criminal Court for another indictable offence connected with the original offence the Court may transfer the trial of the original offence to the Central Criminal Court.

Question 108

Which of the following is not a purpose of an advice on proofs? 1. to determine whether further disclosure is required 2. to determine whether the book of evidence has been received 3. to determine whether an alibi is required 4 . to determine whether any matters for judicial review arise

Answer 108

2. to determine whether the book of evidence has been received

Question 109

R V Turnball is authority of which of the following propositions 1. . the issue is whether the id evidence is so unreliable that there would be a miscarriage of justice if the matter were to be left to the jury: where the judge feels the identification evidence is poor and that there is no other evidence to support the identification, he should direct an acquittal. 2. Whenever the prosecution case depends wholly or substantially on evidence, which is challenged by the defense as unreliable, the trial judge has to decide whether the id evidence is sufficiently reliable to be left to the jury with cautionary instructions of the dangers of acting on foot of it 3. Where the judge comes to the conclusion that the id evidence , is such that a jury properly directed could not properly convict upon it, he can exercise his discretion upon a submission being made to stop the case

Answer 109

1. . the issue is whether the id evidence is so unreliable that there would be a miscarriage of justice if the matter were to be left to the jury: where the judge feels the identification evidence is poor and that there is no other evidence to support the identification, he should direct an acquittal.

Question 110

Which of the following cases is the main authority for the proposition that the optimum method of pre-trial identification is an id parade 1. DPP V Smith 2. DPP v Casey 3. DPP v O'Callaghan 4. DPP v O'Reilly

Answer 110

4 DPP v O'Reilly

Question 111

Where a charge is dismissed by the trail court because it appears that there is not a sufficient case to put the accused on trial for the charge the prosecution can appeal against the dismissal of the Court of Criminal appeal within 1. 28 days 2. 21 days 3. & days 4. 10 days

Answer 111

2 21 days

Question 112

Which of the following is the main authority for the prosecution that the judge has discretion whether or not to comment on the accused's failure to give evidence and where he does comment this should be balanced by the judge saying there is no obligation on the accused to give evidence? 1. AG V O'Shea 2. AG V Finkell 3. People (AG) V Travers 4. People (AG) V Williams

Answer 112

3 People (AG) V Travers

Question 113

An article 40 inquiry is a procedure to: 1. to procure the speedy release of a prisoner 2. to quash the order by which the detention is obtained 3. to test the legality of the detention 4. to allow the applicant to prove his illegal detention

Answer 113

3 to test the legality of the detention

Question 114

Relief under Article 40 applications are 1. Discretionary 2. Mandatory 3. neither depending on the circumstances 4. both depending on the circumstances

Answer 114

2 Mandatory

Question 115

Applications for an Article 40 inquiry can be made 1. at the District Court 2. at the Circuit Court 3. to the Registrar 4. in the High Court

Answer 115

4 in the High Court

Question 116

As a result of which case is it now possible to challenge in the context of an Article 40 enquiry the fairness of procedures and quality of the National and Constitutional Justice that attached to a hearing, afforded to an individual in the District Court 1. Charles Sheehan v Reilly [1993] 2.1.R.8] 2. McSorley v Governor of Mountjoy Prison [1997] 21.R.258 3. Martin McDonagh v The Governor of Clovehill Prison [2005] 11.R.394 4. Sanfar Nasiri v The Governor of Cloverhill Prison

Answer 116

4 Sanfar Nasiri v The Governor of Cloverhill Prison

Question 117

The Re Singer case concerned the following issue 1. length of detention 2. the re-arrest of an applicant 3. a faulty warrant 4. interval of liberty

Answer 117

2 the re-arrest of an applicant

Question 118

There is a range of indictable offences which statutorily can be tried summarily in certain circumstances, some of the offences in question are listed in: 1. Part 1 Criminal Justice (Miscellaneous Provisions) Act , 1997 2. First Schedule Criminal Justice Act, 1924 3. Schedule to the Criminal Justice Act, 1984 4. First Schedule to the Criminal Justice Act, 1951 (as amended)

Answer 118

4. First Schedule to the Criminal Justice Act, 1951 (as amended)

Question 119

At common law once a suspect has been charged, he must be brought before a judge as soon as reasonably practicable, this obligation has now been placed on a statutory footing pursuant to: 1. Section 4 Criminal Justice Act, 1984 2. Section 2, Criminal Justice Act, 1997 3. Section 15, Criminal Justice Act, 1951 4. Reg.12 (Treatment of persons in Custody in Garda Stations) Regulations, 1087

Answer 119

2. Section 2, Criminal Justice Act, 1997

Question 120

Where a person, on being prosecuted for an indictable offence, is the subject of an order inder subsection (1) or (2) of the Probation of Offenders Act, 1907, a member of the Garda Siochana may 1. Take the fingerprints, palmprints or photography of that person within 7 days of the making of the order under Section 1, Probation Act 1907 at a Garda station or any convenient place 2. Only the fingerprints, palmprints or photograph of a person convicted of an offence and dealt with in some other way can be taken by the Gardai 3. Where the fingerprints, palmprints or photpgraph of a person has been taken by the gardai of a person charged with an indictable offence who later is subject to an order under Section 1, Probabtion Act 1907, then any record of the offence of the type mentioned above must be destroyed. 4. The gardai are never under a duty to destroy fingerprints, palmprints or photographs taken of an accused person either prior or post-conviction.

Answer 120

4 The gardai are never under a duty to destroy fingerprints, palmprints or photographs taken of an accused person either prior or post-conviction.

Question 121

Under s4A(1)(c) of the Criminal Procedure Act 1999 a court shall send a person forward for trial unless - 1. Counsel makes an application under s4A that the case should be tried summarily because the accused is unfit to plead 2. Counsel makes an application under s4A that the accused should be remanded at a psychiatric hospital to be assessed by medics as he is unfit to please 3. Counsel makes an application under s4A that the accused is unfit to plead and therefore the matter should go to a jury on whether the accused person is, beyond a reasonable doubt, insane or not. 4. Counsel makes an application under s4A that the accused is unfit to plea and therefore the matter should go to the jury in whether the accused is, on the balance of probabilities, insane or not

Answer 121

2 Counsel makes an application under s4A that the accused should be remanded at a psychiatric hospital to be assessed by medics as he is unfit to please

Question 122

A consultation can take place with a client where: 1. Both barrister and solicitor are present 2. A barrister and some other third party as present 3. A barrister is the only person present 4. All of the above

Answer 122

4 All of the above

Question 123

It is desirable in a consultation if a barrister 1. Only asks open questions 2. Asks leading questions at any time 3. Asks open questions and leading questions where the information sought is not directly related to an issue in the case 4. Directs his client towards a substantive legal defense

Answer 123

3 Asks open questions and leading questions where the information sought is not directly related to an issue in the case

Question 124

In relation to ID identification which has been submitted at trial, a Trial Judge must warn the jury in relation to: 1. The dangers of "dock identification" only 2. The dangers of any visual identification 3. The dangers of identification if not conducted at an ID parade. 4. If dock identification is the sole basis of identification, then the proceedings must be dismissed otherwise a general warning to ID evidence is sufficient

Answer 124

2 The dangers of any visual identification

Question 125

According to the majority ruling in R v Howell (19820 1 QB 416 in relation to a breach of the peace (i) an officer has grounds to arrest where a breach of the peace is reasonably apprehended in the immediate future (ii) There is a breach of the peace whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed (iii) The power to arrest for breach of the peace is confined to cases where a breach of the peace has been committed and it renewal is threatened (iv) A threatened breach of the peace is never a valid ground of arrest 1. (i) and (ii) above 2. (iii) above 3. (iv) above 4. (i) and (iv) above

Answer 125

1 (i) and (ii) above

Question 126

In the District Court a Defendant can plead guilty: 1. On the first day in court 2. On a remand date 3. On a hearing date 4. All of the above

Answer 126

4 All of the above

Question 127

A person is guilty of theft if: 1. He dishonestly appropriates property with the intention of depriving its owner of it. 2. He dishonestly appropriates property without the consent of the owner 3. Without exception if a person dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it, he is guilty of theft. 4. There are exceptions to theft which must be considered; otherwise, a person is guilty of theft if he dishonestly appropriated property without the consent of its owner and with the intention of depriving its owner of it

Answer 127

4. There are exceptions to theft which must be considered; otherwise, a person is guilty of theft if he dishonestly appropriated property without the consent of its owner and with the intention of depriving its owner of it

Question 128

The right to appeal a decision made by the District Court is derived from 1. European Union Law 2. The Constitution of Ireland 1937 3. Common Law 4. Statute

Answer 128

4 Statute

Question 129

Jimmy the Copper is giving evidence in a trial for assault causing harm. In order to better recall the events, he wishes to refer to contemporaneous notes he made. He may do so if: 1. He produces the notes for inspection by the other side 2. He produces the notes for inspection by the court 3. He produces the notes for inspection by the court and the other side 4. He may not refer to the notes, as they were not verified

Answer 129

3 He produces the notes for inspection by the court and the other side

Question 130

In a rape trial, the victim may give evidence of a complaint made at the earliest or first reasonable opportunity in order to: 1. Prove that the rape did in fact occur 2. Prove that her account of events is credible 3. Both to prove that the rape did in fact occur and to prove that her account of events is credible 4. She may not give such evidence

Answer 130

3 Both to prove that the rape did in fact occur and to prove that her account of events is credible

Question 131

There is a right of appeal from the District Court contained in : 1. The Courts of Justice Act 1928 2. The Courts of Justice Act 1953 3. The Criminal Justice Act 1951 4. All of the above

Answer 131

4 All of the above

Question 132

Which of the following can a District Judge require to give a recognizance if they wish to appeal a decision of the District Court? 1. The DPP 2. The Minister of State with responsibility for Children 3. An officer of the Health and Safety Authority 4. The Minister of Justice

Answer 132

3 An officer of the Health and Safety Authority

Question 133

A District Judge must direct an acquittal at the close of the prosecution case, on the submission of the defense, where it is shown that: 1. On the balance of probabilities, the defendant is innocent 2. The prosecution case is, in the view of the defense, insufficient 3. No reasonable tribunal could properly convict on the evidence before the court 4. A reasonable tribunal would probably acquit on the evidence before the court

Answer 133

????

Question 134

Which of the following are a true statement of the rule relating to an application to extend the time allowed for service of a notice against a criminal conc=viction in the District Court: 1. The application must be made ex parte 2. The application must be made on notice 3. The application may be made on notice or ex parte 4. No such application can be made as the time limits for serving notice of appeal front the District Court are absolute

Answer 134

2 The application must be made on notice

Question 135

When can a witness in a criminal trial read their oral evidence from notes they prepared contemporaneously with the events in question? 1. When opposing counsel permits it 2. When the trial judge permits it 3. When the victim permits it 4. The witness does not require permission provided the notes were made by them and not some other person acting on their behalf

Answer 135

2 When the trial judge permits it

Question 136

David Dobadder was convicted of assault in the District Court. He seeks to appeal by way of case stated. In preparing the case stated in a dispute arises as to precisely what the wording of a submission of the prosecution in relation to the appeal was. Which version of the submission will be included in the case stated? 1. The District Judge's version 2. The prosecution's version 3. David's version 4. The High Court Judge's version

Answer 136

1 The District Judge's version 2.4.2. of the manual

Question 137

When may a witness who has not been examined in chief by cross-examined? 1. The may not be cross-examined by the non-calling party where the calling party does not wish to ask questions 2. The may not be cross-examined by the calling party where the calling party wishes to ask them leading questions 3. They may not be cross-examined by either side 4. Thy may be cross-examined by the Judge

Answer 137

3 They may not be cross-examined by either side