Detention Flashcards

1
Q

What is an arrestable offence under s4 Criminal Justice Act 1984 provide power of detention?
a. offences which are punishable by 3 years imprisonment or more and attempts to commit such offences
b. offences which are punishable by 4 years imprisonment or more and attempts to commit such offences
c. offences which are punishable by 5 years imprisonment or more and attempts to commit such offences.
d. none of the above.

A

c. offences which are punishable by 5 years imprisonment or more and attempts to commit such offences

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2
Q

What is the initial period of detention from the time of arrest under s4 CJA?

a. 8 hours
b. 4 hours
c. 12 hours
d. 6 hours

A

d. 6 hours

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3
Q

Who can extend initial detention under s4 CJA and for how long?

a. Not below superintendent for further 8 hours
b. Not below chief superintendent for further 12 hours
c. Not below superintendent for 6 hours
d. Not below chief superintendent for 6 hours

A

c. Not below superintendent for 6 hours

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4
Q

What is the final extension of detention under s4 CJA and who can authorise it?

a. Not below superintendent for further 8 hours
b. Not below chief superintendent for further 12 hours
c. Not below superintendent for 6 hours
d. Not below chief superintendent for 6 hours

A

b. Not below chief superintendent for further 12 hours

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5
Q

What of the following stops time running;

a. Member in Charge authorises suspension of questioning between midnight and 8am to allow for rest with the consent of the detainee in writing.
b. If detainee is in need of medical attention.
c. Detainee taken to court in relation to lawfulness of detention.
d. Member in Charge suspends time for investigation.

A

All stop time running.

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6
Q

What is considered a place of detention under s30 Offences Against the State Act?

a. Garda Station
b. Prison
c. Any other convenient place.
d. (a) and (b) only.
e. (a), (b) and (c)

A

e. (a), (b) and (c)

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7
Q

What is the initial period of detention for an offence under s30 OASA?
a. 12 hours
b. 6 hours
c. 24 hours
d. 8 hours

A

c. 24 hours

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8
Q

Who can extend initial detention under s30 OASA and for how long?

a. Not less than chief superintendent for 12 hours
b. Not less than chief superintendent for 24 hours
c. Not less than superintendent 12 hours
d. Not less than superintendent 24 hours

A

b. Not less than chief superintendent for 24 hours

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9
Q

How is the final 24 hours of detention obtained under s30 OASA?

a. By not less than superintendent
b. By not less than chief superintendent
c. with warrant obtained from DC Judge on application by officer not below superintendent
d. with warrant obtained from DC Judge on application by officer not below chief superintendent

A

c. with warrant obtained from DC Judge on application by officer not below superintendent

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10
Q

What is necessary in obtaining a warrant from the DC to extend detention?

a. Application can only be made if the officer applying has reasonable grounds
b. Warrant only granted where Judge deems it necessary
c. At application detained person must appear and Judge hears submissions made and considers evidence
d. All of the above

A

d. All of the above

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11
Q

What is the initial period of detention from the time of arrest under s2 Criminal Justice (Drug Trafficking) Act?

a. 18 hours
b. 24 hours
c. 12 hours
d. 6 hours

A

d. 6 hours

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12
Q

Who can extend initial detention under s2 Criminal Justice (Drug Trafficking) Act and for how long?

a. Superintendent - 12 hours
b. Superintendent - 18 hours
c. Chief Superintendent - 12 hours
d. Chief Superintendent - 18 hours

A

b. Superintendent - 18 hours

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13
Q

Who can extend second detention under s2 Criminal Justice (Drug Trafficking) Act and for how long?

a. Superintendent - 12 hours
b. Superintendent - 24 hours
c. Chief Superintendent - 42 hours
d. Chief Superintendent - 24 hours

A

d. Chief Superintendent - 24 hours

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14
Q

Who can extend third detention under s2 Criminal Justice (Drug Trafficking) Act and for how long?

a. Chief Superintendent with warrant from DCJ or CCJ - 24 hours
b. Chief Superintendent with warrant from DCJ or CCJ - 72 hours
c. Chief Superintendent - 24 hours
d. Chief Superintendent - 72 hours

A

b. Chief Superintendent with warrant from DCJ or CCJ - 72 hours

  • Must apply prior to the expiry of time.
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15
Q

What is the final period of detention under s2 Criminal Justice (Drug Trafficking) Act and who grants it?
a. Chief Superintendent with warrant from DCJ or CCJ - 48 hours
b. Chief Superintendent with warrant from DCJ or CCJ - 24 hours
c. Chief Superintendent - 24 hours
d. Chief Superintendent - 48 hours

A

a. Chief Superintendent with warrant from DCJ or CCJ - 48 hours

  • Must apply prior to the expiry of time.
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16
Q

What is the initial period of detention from the time of arrest under s50 Criminal Justice Act?

a. 18 hours
b. 24 hours
c. 12 hours
d. 6 hours

A

d. 6 hours

17
Q

Who can extend initial detention under s50 Criminal Justice Act and for how long?

a. Superintendent - 24 hours
b. Superintendent - 18 hours
c. Superintendent - 12 hours
d. Chief Superintendent - 18 hours

A

b. Superintendent - 18 hours

18
Q

Who can extend second detention under s50 Criminal Justice Act and for how long?

a. Chief Superintendent - 24 hours
b. Superintendent - 18 hours
c. Superintendent - 24 hours
d. Chief Superintendent - 18 hours

A

a. Chief Superintendent - 24 hours

19
Q

Who can extend second detention under s50 Criminal Justice Act and for how long?

a. Chief Superintendent with warrant from DCJ or CCJ - 48 hours
b. Chief Superintendent with warrant from DCJ or CCJ - 24 hours
c. Chief Superintendent - 24 hours
d. Chief Superintendent - 48 hours

A

c. Chief Superintendent - 24 hours

20
Q

Who can extend third detention under s50 Criminal Justice Act and for how long?

a. Chief Superintendent with warrant from DCJ or CCJ - 48 hours
b. Chief Superintendent with warrant from DCJ or CCJ - 72 hours
c. Chief Superintendent - 72 hours
d. Chief Superintendent - 48 hours

A

b. Chief Superintendent with warrant from DCJ or CCJ - 72 hours

21
Q

What is the final period of detention under s50 Criminal Justice Act and who grants it?

a. Chief Superintendent with warrant from DCJ or CCJ - 48 hours
b. Chief Superintendent with warrant from DCJ or CCJ - 72 hours
c. Chief Superintendent - 72 hours
d. Chief Superintendent - 48 hours

A

a. Chief Superintendent with warrant from DCJ or CCJ - 48 hours

22
Q

Name 3 indictable offences with a right of election?

A
  1. S2 CJA - First Schedule
    - Perjury
    - Offences under s. 60 of OAPA
    - Forgery Act 1913
    - Violent disorder - s15 Criminal Justice (Public Order) Act 1994
    - s8 Criminal Law Act 1997
  2. Criminal Justice (Theft and Fraud Offences) Act
  3. Certain offences under Criminal Law (Sexual Offences) Act - s4
  4. s19(10) Criminal Justice (Public Order) Act
  5. Sexual Assault - s12 Criminal Law (rape) act
23
Q

What is the Procedure for deciding on right of election offences?

A
  1. DPP consents to def being tried summarily.
  2. Court accepts jurisdiction on basis that the Judge is of the opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily.
  3. Def on being informed of his right to be tried with a jury - can elect to be tried before a jury or does not object to being tried summarily.