King's Inns BL Criminal Procedure flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Arrestable offence

An offence for which a person may be arrested without warrant under s.4 Criminal Law Act 1997, including offences punishable by 5 years or more imprisonment and certain specified offences.

Section 4 detention

Detention under s.4 Criminal Law Act 1997 following arrest without warrant, permitting up to 24 hours detention on reasonable grounds, with extensions authorised by a superior officer or the District Court.

Section 2 detention

Detention under s.2 Criminal Law Act 1997 for drug trafficking offences, allowing detention for up to 7 days on the authorisation of a judge of the District Court.

Section 30 detention

Detention under s.30 Offences Against the State Act 1939 for scheduled offences, permitting detention for up to 72 hours, with court extension in certain circumstances.

Right to solicitor

A detained suspect's entitlement to consult a solicitor under s.5 Criminal Law Act 1997 and under the Constitution; delay is permitted only for specified statutory reasons and must be justified.

Book of evidence

The document served on the accused before trial on indictment, containing the statements of witnesses, exhibits and other material on which the prosecution intends to rely.

Return for trial

The procedure by which an accused is sent forward to the Circuit Court or Central Criminal Court for trial on indictment, following service of the book of evidence or a preliminary examination.

Summary offence time limit

Under s.10 Petty Sessions (Ireland) Act 1851, summary proceedings must generally be commenced within 6 months of the commission of the offence.

Bail Act 1997

Legislation governing the granting of bail, requiring the court to consider the seriousness of the offence, the evidence, the risk of absconding and the risk of witness interference.

Remand in custody

The detention of an accused before trial; the accused must be brought before the court at intervals, generally not exceeding 8 days, and the remand is recorded on a warrant.

Beyond reasonable doubt

The standard of proof the prosecution must meet in a criminal trial; the accused is presumed innocent and the burden rests on the prosecution throughout.

Presumption of innocence

The constitutional and ECHR right of an accused to be presumed innocent until proven guilty according to law, placing the burden of proof on the prosecution.

Majority verdict

Under s.25 Criminal Justice Act 1984, a jury of 12 may return a verdict by a majority of at least 10 members after due deliberation.

Jury of twelve

The number of jurors in a trial on indictment in Ireland; the jury must be impartial and is selected from the register of electors.

Disclosure obligation

The prosecution's duty to disclose all relevant material to the defence, derived from the right to a fair trial; failure may lead to a stay or a retrial.

Director of Public Prosecutions

The independent office that decides whether to prosecute and whether to proceed summarily or on indictment, and that conducts prosecutions on indictment.

Court of Appeal

The court that hears appeals against conviction and sentence from the Circuit and Central Criminal Courts; it may quash a conviction as unsafe.

Unduly lenient sentence

A sentence that the DPP may appeal under s.2 Criminal Justice Act 1993 on the ground that it is unduly lenient in all the circumstances.

Legal aid

State funding for legal representation, granted by the court where the accused's means are insufficient and it is in the interests of justice.

Children Court

The court that deals with offenders aged 12 to 17, subject to exceptions for serious offences; children under 12 cannot be charged with a criminal offence.

Preliminary examination

A procedure before the District Court in which the accused may be sent forward for trial on indictment after the court considers the evidence.

Indictable offence

A serious offence triable before a judge and jury in the Circuit Court or Central Criminal Court, as opposed to a summary offence tried by a judge alone.

Hybrid offence

An offence that may be tried summarily or on indictment, with the DPP deciding the mode of trial and the court considering the seriousness of the alleged conduct.

Section 50 detention

Detention under s.50 Criminal Justice Act 2007 for serious offences, permitting detention for up to 7 days on the authorisation of a judge of the District Court.

Search warrant

A court authorisation permitting gardaí to search premises for evidence; it must be granted by a judge or peace commissioner on sworn information.

Exclusion of evidence

The court's power to exclude evidence obtained in breach of constitutional rights; involuntary confessions and evidence obtained by torture are inadmissible.

Right to silence

The accused's entitlement not to answer questions; adverse inferences may be drawn in limited circumstances under ss.18 and 19 Criminal Justice Act 1984.

Sentencing discretion

The court's power to impose a sentence within statutory limits, considering the gravity of the offence, mitigating and aggravating factors, and any plea in mitigation.

Presumptive minimum sentence

A statutory minimum sentence that applies unless the court finds exceptional circumstances; it applies to certain drug and firearms offences.

Remand warrant

The document authorising the detention of an accused before trial; it records the remand period and the date on which the accused must next appear.

Fair trial rights

The constitutional and ECHR guarantees of a fair trial, including the right to be present, to examine witnesses, and to have adequate time and facilities to prepare a defence.

Trial within reasonable time

The right of an accused to have criminal proceedings concluded within a reasonable period; excessive delay may lead to a stay of proceedings.