Criminal Deck 1

Question 1

in wich of hte following circumstances is it possible to sentence a 16 yr old to a sentence of imprisonment?
1. where the court certifies them as unruly
2. where there is no room and sentence is less than 3 month
3. where convicted of murder
4. none of the above - u17 cannot be imprisoned under any circumstances

Answer 1

1. where the court certifies them as unruly

Question 2

Legal Aid appeal

Where the Defendant is refused legal aid in D/Court, which of the following is the appropriate method of appeal?
1. Appeal to C/Court
2. Appeal to difference D.Court Judge
3. Judicially review the decision of the D/Court Judge
4. Appeal to C/Criminal Appeal

Answer 2

3. Judicially review the decision of the D/Court Judge

Question 3

Exam and Cross Exam Leading questions

Which of the following statement is always correct?
1. Leading question are permitted when asked by the party calling the witness
2. Leading question are permitted when a witness cannot remember the events at issue
3. Leading question are permitted when asked in XX
4. Leading question are permitted when they refer to the occupation of the Witness

Answer 3

3. Leading question are permitted when asked in XX

Question 4

Jack & Hanna -jointly charged -forgery -Theft & Fraud Offences Act 2011. No offences charged contain violence. Plead N/guilty. Prosecution wishes to call Maria, Jack’s wife. Hannah wishes to call husband Albert, give evidence on her behalf. Neither spouses have been charged with any offence and marriages are subsisting. Are Maria &Albert competent?
1. Maria is competent but not compellable for the prosecution, Albert is competent but not compellable on behalf of Hanna
2. Maria is competent & compellable for prosecution; Albert is competent and compellable for Hanna
3. Maria is competent but not compellable for prosecution, Albert is competent & compellable for Hanna
4. maria is competent and compellable for the prosecution, Albert is competent but not compellable on behalf of Hanna

Answer 4

3.Maria is competent but not compellable for prosecution, Albert is competent & compellable for Hanna

Question 5

Alice is charged iwht a summary offence and an indicatable offence. She is sent forward for trial in teh C/Court. The indictment contans both offcenes . She asks wehter this is permissable. Which of the following is the correct advice?
1. The indictment may include a count in respect of any summary offence provided the accused has been charged with it.
2. The indictment may include a count in respect of any summary offence provided the accused has been charged with it and it arises out of the same set of facts as the indictable offence
3. The indictment may not include a count in respect of any summary offence as summary offcent must be tried in the D/Court
4. The indictment may include a count in respect of any summary offence provided the accused has been charged with it and it is not an offence of strict liability.

Answer 5

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

Question 6

Elva is charged with violent disorder. The BoEv is served and her counsel realises that it is not asserted in the BoEv that Elva either used or threatened violence. Her Counsel should
1. make an application for disclosure of all documents required to be served under S4D or 1967 Criminal Procedure Act as amended.
2. Call depositions under S4F of the 1967 Act
3. Apply for dismissal of the charge under S4E of 1967 act
4. Wait until trail rather than draw attention to the ommission and advise the client that she will be entitled to an acquital

Answer 6

3. Apply for dismissal of the charge under S4E of 1967 act

Question 7

A sentencing judge may NOT
1. Back date a sentence of imprisonmnet
2. Postpone a sentence of imprisonmnet
3. Adjuourn 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 7

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

Question 8

Barry was convicted of certain fraud offences in the C/Court. Throughout he vehmently maintained his innocence and an appeal is pending. Since the convition the Solr has discovered new evidence that supports Barry’s version of the event. The Solr asks your advice about the admissibility of this new evidence. What is the correct advice?

1. In order to avail of the procedure for new evidence to be heard at appeal, there must be an application to the CCA for leave to introduce this evidence at appeal
2. There is no procedure to allow additional evidecne at the appeal, it must be heard on basis of the evidence at trial
3. New evidence can be adduced at teh appeal without leave if the DPP is on notice
4. New evidence can be adduced but the defence does not need to put opposition on notice.

Answer 8

1. In order to avail of the procedure for new evidence to be heard at appeal, there must be an application to the CCA for leave to introduce this evidence at appeal

Question 9

Detention under S4 of the CJA 1984 allows for an intial period of detention without charge of
1. 12 hours from time of arrest
2. 10 hours from time of arrest
3. 4 hours from time of arrest
4. 6 hours from time of arrest

Answer 9

4. 6 hours from time of arrest

Question 10

Paul is charged with Arson of Michaels caravan parked at the side of Ringsend Road. In drafting the indictmnet, prosecution must:

1. refer to a caravan, that it is not the property of Paul, identify the road to identify the property in question and location of the offence with sufficient particularity
2. Refer to Caravan by registration number, make and model, state teh full name of the owner and give the name of the road in question and the name of the area, ie Ringsend in Dublin
3. Refer to the general address and attach a photograph of the caravan
4. refer to the caravan only stating the owner and approximate value, the address is immaterial given that the caravan was not there permanently

Answer 10

1. refer to a caravan, that it is not the property of Paul, identify the road to identify the property in question and location of the offence with sufficient particularity

Question 11

Which of the following statements is correct in relation to “consultative” case state under S52 of the Courts (Supplementatl Provisions) Act 1961?

1. The D/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. The D/Court Judge has total discretion with respect to whether or not to accede to an application to state a case to the H/Court
3. It is necessary to get the consent of the prosecution before an application to state a case can be made to the D/Court Judge
4. The D/Court Judge when asked to state a case during the proceedings must state the case unless he is of the view the application is frivolous.

Answer 11

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

Question 12

You are a having a discussion with colleagues about Article 40 in practice, you all agree the procedure has advantages in seeking to challenge legality of a detention, such as the precedence it takes over all other Court business and speed in conductin the inquiry. However, you do not agree as to whcih party bears B/Proof as well as the role of the H/Court on hearing such applications. Which correctly states position?

1. onus of proving illegality of detention rests on applicant, but once established applicant is immediately released and H/Court has no discretion in the matter
2. onus is on the respondent to prove legality and once established H/Court has discretion to release or detain
3. onus is the respondent to prove legality and once established H/Court has no discretion and must release
4. onus is on hte applicant to prove illegality even where that is established the H/Court maintans a discretion wiht respect to ordering the applicant release

Answer 12

3. onus is the respondent to prove legality and once established H/Court has no discretion and must release

Question 13

A hostile witness is

1. an unfavourable witness
2. an unpleasant witness
3. a witness who shows no desire to tell the truth as the instance of the party calling them
4. a witness who shows no desire to anser the questions of the party XX

Answer 13

3. a witness who shows no desire to tell the truth as the instance of the party calling them

Question 14

which of the following describes the reason for refusal of bail which was added by S2 of the Bail Act 1997?

1. fear the accused may intimidate witnessess
2. fear the accused will abscond
3. history of bench warrants
4. prevention of commission of a serious offence by that person

Answer 14

4. prevention of commission of a serious offence by that person

Question 15

What is the max sentence of imprisonment that a D/Court Judge can impose for one offence ( unless statue creating the offence specifies a lower maximum)

1. two years
2. one year
3. six months
4. three months

Answer 15

2. one year

Question 16

si 119/1987 cCJA 1984 (Treatment of persons in custody in AGS station) R

Answer 16

4. All of the above

Question 17

A prisoner is ordinarily entitled to remission of up to:

1. one quarter
2. one eight
3. half
4. Eighty percent

Answer 17

1. one quarter

Question 18

Where a prosecution is inititated using the charge sheet procedure at what point does the Court become seized wiht the case?

1. When the charge sheet is lodged with the Court Office
2. When the complaint is made to the D/Court Judge in Court
3. When the details are entered on the charge sheet
4. When the DPP gives directions

Answer 18

2. When the complaint is made to the D/Court Judge in Court

Question 19

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

1. 12 months
2. 6 months
3. 3 months
4. 6 weeks

Answer 19

2. 6 months

Question 20

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

1. Hearsay evidence can never be admitted in a bail application as this would be grossly prejudicial to the accused
2. hearsay must always be admitted in a bail application as this assists the efficient administration of justice and avoids delay
3. Judge has discretion to admit hearsay in bail applications but can only do so if ti relates to the alleged offence and goes to the guilt of the accused
4. Judge has a discretion whether to admit Heasay in a bail application

Answer 20

4. Judge has a discretion whether to admit Heasay in a bail application

Question 21

Jed is charged with 9 counts of buggery involving 3 complainants X Y Z, all of whom are 8 yr old boys who are students of Jed. X says Jed visited him at night and brought him to a bathroom in school. X says he was buggered there twice. Y says that Jed visited him three times and took him to bathroom to bugger him. Z claims he was taken to a nearby forest on a school trip and buggered. Fruther Z claims same occured on a deserted beach on four occasions. Defence applies for a ruling that counts in relation to all three should be on the same indictmnet. Which is correct?

1. T/Judge must accede to application as it is not possible to include on an indictment relating to seperate incidents and seperate complainants as thhis would grossly prejudice
2. T Judge may accede to the application as concerns Z but refuse seperate trials of X & Y due to features common to each complaint of A & Y
3. TJ must refuse the application as prosecution is entitled to join any number of charges on the same indictment, even if they arise from seperate incidents, so long as they are not too numerous to consitiute prejudice
4. TJ must refuse application as the account of each complainant can clearly corroborate taht of the others and the rulse of procedure ought not to offend against common sense

Answer 21

2. T Judge may accede to the application as concerns Z but refuse seperate trials of X & Y due to features common to each complaint of A & Y

Question 22

Client served wiht BoEv and advises he wants tow charges dismissed under S4E of Criminal Procedure act 1967 in the course of your application, TJ asks you whether thre is any guidance in S4E as to applicable standard to dismiss and whether you are entitled to challenge two of the three charges as opposed to all three. which is the correct response?

1. first, under S4E(4) standard to dismiss is “if it appears to the court that there is no a sufficient case to put to the accused” and second “ the accused is entitled to challenge two of the three charges.
2. first under S4E(4) “ if it appeat to hte court that is no case on hte b/probabilities to put the accused on trial” and 2nd accused is entitled to challenge two of the three charges.
3. first under S4E(4) “if it appears to the court that there is no a sufficient case to put to the accused” and 2nd accused is entitled to challenge two of the three charges and must challenge all three
4. first, under S4E(4) standard to dismiss is “if it appears to the court that there is no case B/Reasonable Doubt to put to the accused” and second “ the accused is entitled to challenge two of the three charges.

Answer 22

1. first, under S4E(4) standard to dismiss is “if it appears to the court that there is no a sufficient case to put to the accused” and second “ the accused is entitled to challenge two of the three charges.

Question 23

Jane is just over 7 yrs. when 6 and 6 months she set fire to a chair in the janitor room in school. Fire got out of control and the room and 3 classrooms were completely gutted. She has been charged with criminal damage and is due in court next week. Which is correct?

1. as she is over 7 but less than 14, prosecution must prove she has sufficient capacity to commit the crime before the case can go ahead
2. as she is over 7 but less than 14, unless the defence can prove she does not have capacity the case will go ahead
3. as she was less than 7 at the time, she is not considered capable and the case cannot proceed.
4. as she was under 7 at time of incident, the prosecution will have to prove capacity before the case can go ahead

Answer 23

3. as she was less than 7 at the time, she is not considered capable and the case cannot proceed.

Question 24

[

an offence of posession with intent to supply contrary to0 s15a of Misuse drugs act 1977 attracts:

1. Mandatory sentence of life imprisonment
2. Mandatory 10 years
3. Minimum mandatory 10 years
4. Maximum of 10 years.

Answer 24

3. Minimum mandatory 10 years

Question 25

Jennifer is charged with offences under Misuse of drugs Act 1977 and 1984 as ameneded, including charge contratry to s15a of that act. first D/Court appearance was six weeks ago. Listed in D/Court today to be sent forward to C/Court. State has indicated dificulty wiht gathering the B/Ev as Garda was on leave, but will be redy in 2 weeks. Prosecution seeks extension of time for service of B/Ev. Which of these is correct? 1. TJ must dismiss for want of prosecution 2. TJ has discretion to extend time for service of B/Ev 3. TJ must extend time for service of B/Ev due to seriousness of the offences 4. TJ can proceed to the hearing and send the matter forward since the B/Ev can be served after the matter has been sent forward.

Answer 25

2. TJ has discretion to extend time for service of B/Ev

Question 26

# Bail Process Justin has no previous, was charged with s3 assault. in D/Court AGS applied to have Jusitce remanded. AGS objection to bail was seriousness of charge and it arose out of a stabbing incident involving two rival gangs in a turf war. AGS fear bail would lead to witnessess being intimidated, although no witness was specified.. TJ refused Bail stating that the question here was if the accused was going to go out and assault someone again? Solr asks your advice and he informs you that there was no objectoin pursuan to s2 of teh Bail Act 1997 raised at Bail hearing. what advice should you give? 1. sadly there is no option open to Justin, AGS evidence was admissable and the D/Court Judge did not actin excess of his jurisdiction refusing bail. Furhtermore there are no procedural dificulties that had the effect of invalidating any of the essential steps in teh proceedings. 2. only course is to appeal the decision of the judge 3. only course is to seek Judicial Review 4. it appears that the procedural and ohter deficiencies with regard tot eh bail hearing are such to invalidate essential steps in proceedings. this would make the detention illegal and appropriate for an Article 40 hearing

Answer 26

4. it appears that the procedural and ohter deficiencies with regard tot eh bail hearing are such to invalidate essential steps in proceedings. this would make the detention illegal and appropriate for an Article 40 hearing

Question 27

A judge when convicting a person of burgulary would consider which of the following as an aggravating factor? 1. that peope were asleep upstairs at the time 2. that there was no one home at the time 3. that offender was drug addicted 4. That cash was taken

Answer 27

1. that peope were asleep upstairs at the time

Question 28

Cormac who is being prosecuted by L/Authourity for breaches of Waste Mgt Act 1996 has first court date coming next week. Your instructing Solr is familiar with the Act and of the view that the L/Auth has incorrectly interpreted the relevant sections in the Act and asks your advice as to best challenge Auth interpretation. Which would be correct? 1. apply to D/Court TJ before he makes a finding on guilr or innocence, to state a point of law tothe H/Court with respect to interpretation. of section. You point out that this would remove Cormac's right to appeal to C/Court 2. apply to D/Court TJ before he makes a finding on guilr or innocence, to state a point of law tothe H/Court with respect to interpretation. of section. You point out that this would not remove Cormac's right to appeal to C/Court 3. decisions on interpretaton of legislation can only be made by the CCA and Corma wil lhave to fight the case on teh facts in the D/Court. However, if found guilty he can appeal to CCA which will consider the interpretation of legislation 4. Cormas has no alternative but to fight the prosecution in the D/Court on the merits. If found guilty he can appeal to the C/Court on P/Law regarding teh interpretation of the act.

Answer 28

2. apply to D/Court TJ before he makes a finding on guilr or innocence, to state a point of law tothe H/Court with respect to interpretation. of section. You point out that this would not remove Cormac's right to appeal to C/Court

Question 29

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

Answer 29

2. Criminal Justice Act 1967 amended by Crimiinal Procedure Act 1999

Question 30

The statuatory period within whcih a B/Ev should be served is 1. 42 days of accused first appearance 2. 42 dys of the matter being sent forward 3. 42 days of the charge being preferred agians the accused 4. 42 days of hte commission of the offence

Answer 30

1. 42 days of accused first appearance

Question 31

Which describes reason for refusal of bail added by S2 of the Bail Act 1997? 1. fear the accused may intimidate witnesses 2. fear the accused will abscond 3. History of Bench Warrants 4. Prevention of commission of a serious offence by that person

Answer 31

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

Question 32

Prisoner is ordinarily entitled to remission of up to; 1. quarter of sentence 2. and eight of sentence 3. half of sentence 4. eighty percent of their sentence

Answer 32

1. quarter of sentence

Question 33

Where a prisoner has been detained under S20 OASA amendment 1998 the total amount of time that he can be detained without charge (including any extension directed by Chf Super) without being prodcued in Court is 1. 24 hours 2. 48 hours 3. 72 hours 4. 102 hours

Answer 33

2. 48 hours

Question 34

in discussion about Art 40 and how it works you agree it has advantages in challenging legality of detention such as its precedence over all court business and the speed of its enquiry. However, you disagree with respect to whcih parfty bears onus of proof as well as role of the H/Court on hearing an applicatoin. Which of these states the correct position? 1. onus of proving detention is illgeal is on the applicant, once established they are immediately released and H/Court has no discretion 2. onus rests on respondent and H/Court has discretion to release 3. onus is on respondent and H/Court Judge if not satisfied has no discretion but to release 4. onus is on applicant and in any event the H/Court has complete discretion

Answer 34

3. onus is on respondent and H/Court Judge if not satisfied has no discretion but to release

Question 35

where prosecution in initiated using the charge sheet proceudre at what point does the court become seized with hte matter? 1. when charge sheet is lodgedin court office 2. when compaint is made tothe D/Court Judge in Court 3. when teh details are entered on the Charge sheet 4. when the DPP gives directoins

Answer 35

2. when compaint is made tothe D/Court Judge in Court

Question 36

where ans accused is charged wiht a scheduled offence pursuan to the OASA 1939 is being sent forward to the C/Court, which of hte following msut the DPP specifically consent to? 1. Granting of Bail 2. Trial in Ordinary Court 3. Granting of Legal Aid 4. All of the above

Answer 36

2. Trial in Ordinary Court

Question 37

In Ireland, cases of identification based on recognition, the position is per DPP v SAtafford 1983 IR165: 1. a casey direction is not required as in cases of recognition the question becomes one of veracity and not identificaiton 2. a casey direction is not required as recognition eidence is more reliable than other types of identification evidence 3. a Casey driection is not required in cases of identification based on recognition unless on witness recognises the accused and there is no supporting evidence 4. A casy direction is required in all cases of identification by recongition

Answer 37

4. A casy direction is required in all cases of identification by recongition