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King's Inns BL Criminal Procedure study materials
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King's Inns BL Criminal Procedure practice questions

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Question 1Criminal Procedure

In Irish criminal procedure, which court ordinarily conducts the trial of an indictable offence where the accused has been returned for trial on a signed plea of guilty?

  1. The Central Criminal Court or the Circuit Court as returned Correct answer.
  2. The District Court exercising its summary jurisdiction
  3. The Court of Appeal
  4. A special criminal court constituted for the purpose

Explanation

When an accused is returned for trial and signs a plea of guilty, the matter still goes before the trial court designated in the return for trial, namely the Circuit Court or the Central Criminal Court, which then deals with sentence. The District Court has no jurisdiction to sentence on an indictable offence merely because a plea has been indicated.

Question 2Criminal Procedure

Which document commences a criminal prosecution before the District Court?

  1. A summons or charge sheet Correct answer.
  2. A notice of appeal
  3. A return for trial
  4. A book of evidence

Explanation

Summary proceedings in the District Court are commenced by the issue of a summons on complaint, or by charging the accused and bringing him or her before the court on a charge sheet. The book of evidence and return for trial belong to the indictable process.

Question 3Criminal Procedure

An accused is arrested without warrant for an arrestable offence. Under the Criminal Justice Act 1984, what is the general maximum period of detention in a Garda station before charge, before any extension is sought?

  1. Twenty-four hours Correct answer.
  2. Twelve hours
  3. Forty-eight hours
  4. Six hours

Explanation

Section 4 of the Criminal Justice Act 1984 permits detention for an initial period not exceeding six hours, extendable by a further period not exceeding six hours, giving a general maximum of twenty-four hours before charge. Longer periods arise only under separate statutory regimes such as the Offences Against the State Act.

Question 4Criminal Procedure

What is the purpose of a book of evidence served in indictable proceedings?

  1. To authorise the Gardaí to arrest the accused
  2. To record the verdict of the trial court
  3. To inform the accused of the evidence the prosecution proposes to adduce so that a return for trial can be considered Correct answer.
  4. To set out the sentence range applicable to the offence

Explanation

The book of evidence contains the statements of witnesses and copies of exhibits on which the prosecution intends to rely, and is served so that the District Court can consider whether there is sufficient evidence to return the accused for trial. It is not a sentencing or verdict document.

Question 5Criminal Procedure

Which of the following best describes the function of the Director of Public Prosecutions in indictable matters?

  1. To investigate offences and gather evidence personally
  2. To decide whether to prosecute and to conduct the prosecution in the courts Correct answer.
  3. To advise the accused on his or her defence
  4. To preside over the trial and rule on admissibility

Explanation

The Director of Public Prosecutions is responsible for deciding whether a prosecution should be brought and for conducting prosecutions on behalf of the State in the superior and Circuit Courts. Investigation remains a matter for An Garda Síochána, and adjudication is for the judge.

Question 6Criminal Procedure

In a trial on indictment, who determines whether the accused is guilty?

  1. The Director of Public Prosecutions
  2. The Court of Appeal
  3. The jury, subject to the judge's directions on law Correct answer.
  4. The judge alone

Explanation

In a trial on indictment the jury is the tribunal of fact and decides guilt, while the judge rules on law and directs the jury. The judge does not decide guilt in a jury trial, and the prosecutor and appellate court play no fact-finding role at first instance.

Question 7Criminal Procedure

What is the effect of the presumption of innocence in the conduct of a criminal trial?

  1. It requires the accused to prove his or her innocence on the balance of probabilities
  2. It ends once the accused is returned for trial
  3. It places the burden of proving guilt beyond reasonable doubt on the prosecution Correct answer.
  4. It applies only to offences tried in the Central Criminal Court

Explanation

The presumption of innocence means the prosecution bears the burden of proving every element of the offence beyond reasonable doubt, and the accused need prove nothing. It continues throughout the trial and is not displaced by a return for trial or by the venue of the trial.

Question 8Criminal Procedure

Which court hears appeals from convictions in the Circuit Court on indictment?

  1. The Supreme Court
  2. The Court of Appeal Correct answer.
  3. The District Court
  4. The High Court

Explanation

Appeals against conviction and sentence from the Circuit Court on indictment lie to the Court of Appeal, which was established to hear such appeals. The High Court and District Court have no appellate jurisdiction over indictable convictions, and the Supreme Court hears only further appeals on limited grounds.

Question 9Criminal Procedure

A Garda wishes to search a private dwelling for evidence of an offence without the occupier's consent. What is generally required?

  1. The oral permission of the Garda superintendent
  2. Nothing, provided the Garda suspects an offence has been committed
  3. A search warrant issued by a judge or District Court judge Correct answer.
  4. A letter from the Director of Public Prosecutions

Explanation

Entry and search of a dwelling without consent generally requires a warrant granted by a judge or District Court judge on sworn information, because the Constitution protects the inviolability of the dwelling. Garda rank or prosecutorial approval cannot substitute for judicial authorisation.

Question 10Criminal Procedure

Evidence obtained by an unlawful search of an accused's home is tendered at trial. How should the court approach its admissibility?

  1. It must always be excluded because the search was unlawful
  2. It must be excluded only if the accused was not present during the search
  3. It has a discretion to exclude it where admission would be unfair or would bring the administration of justice into disrepute Correct answer.
  4. It must always be admitted because it is relevant

Explanation

Irish law does not apply an automatic exclusionary rule; the trial judge has a discretion to exclude evidence where its admission would be unfair to the accused or would otherwise bring the administration of justice into disrepute. Relevance alone does not compel admission, nor does unlawfulness compel exclusion.

Question 11Criminal Procedure

An accused is charged with an offence and wishes to challenge the validity of the arrest that led to the charge. In what manner is this ordinarily raised at trial?

  1. By a separate civil action commenced before the trial
  2. By way of a preliminary application to the trial judge before the evidence is admitted Correct answer.
  3. By an application to the Director of Public Prosecutions
  4. By raising it only in the event of conviction on appeal

Explanation

Challenges to the legality of an arrest or search are ordinarily raised by way of a preliminary application, often in the absence of the jury, so that the trial judge can rule on the admissibility of evidence flowing from it. The issue is not litigated by civil action or by application to the prosecutor, and need not await an appeal.

Question 12Criminal Procedure

Which of the following is the standard of proof the prosecution must satisfy in a criminal trial?

  1. Beyond reasonable doubt Correct answer.
  2. By clear and convincing evidence
  3. On a prima facie basis
  4. The balance of probabilities

Explanation

The prosecution must prove the guilt of the accused beyond reasonable doubt, which is the criminal standard. The balance of probabilities and the clear and convincing standard apply in civil or specialised contexts, and a prima facie case is the threshold for a return for trial rather than the trial standard.

Question 13Criminal Procedure

An accused is returned for trial and later wishes to change his plea from not guilty to guilty on arraignment. What is the usual procedure?

  1. The accused must apply to the District Court to amend the return for trial
  2. The accused must obtain the consent of the jury before changing plea
  3. The accused may plead guilty on arraignment, and the trial judge may then proceed to sentence Correct answer.
  4. The accused must complete the trial and appeal the conviction

Explanation

Where the accused pleads guilty on arraignment, the trial judge accepts the plea and may proceed to sentence, remanding the accused if reports are required. There is no need to complete a trial or to obtain the consent of the jury, and the District Court has no role in amending the return.

Question 14Criminal Procedure

What is the role of the judge in charging the jury?

  1. To determine the sentence before the verdict is delivered
  2. To decide the facts and instruct the jury to follow that decision
  3. To summarise the evidence and direct the jury on the applicable law Correct answer.
  4. To express a firm view that the accused is guilty

Explanation

In the charge the judge summarises the evidence and directs the jury on the law, including the burden and standard of proof and the elements of the offence. The judge must not usurp the jury's fact-finding function or pre-empt the verdict, and sentence follows conviction.

Question 15Criminal Procedure

A prosecution witness fails to attend court despite having been served with a summons. What is the usual first step available to the prosecution?

  1. Discontinue the prosecution permanently
  2. Apply to the court for a warrant for the witness's arrest Correct answer.
  3. Proceed to trial without any further step
  4. Commence a civil action against the witness

Explanation

Where a witness fails to attend in answer to a summons, the prosecution may apply to the court for a warrant to compel attendance, and the witness may also be liable for contempt or a statutory offence. The prosecution is not obliged to abandon the case, and a civil action is not the appropriate remedy.

Question 16Criminal Procedure

In which circumstances may a judge direct a jury to acquit an accused?

  1. Where the prosecution case depends on a single witness
  2. Where the accused elects not to give evidence
  3. Where the evidence is so weak that no reasonable jury could convict Correct answer.
  4. Where the accused has a previous conviction

Explanation

A directed acquittal is appropriate only where the prosecution evidence, taken at its height, is so weak that no reasonable jury properly instructed could convict. A previous conviction, reliance on a single witness or the accused's silence does not by itself justify a direction.

Question 17Criminal Procedure

What is the effect of a nolle prosequi entered by the Director of Public Prosecutions?

  1. It amounts to an acquittal on the merits
  2. It discontinues the proceedings, but the accused may be re-prosecuted in appropriate circumstances Correct answer.
  3. It transfers the case to the District Court
  4. It permanently bars any future prosecution for the same offence

Explanation

A nolle prosequi brings the current proceedings to an end without a verdict on the merits, so it does not operate as an acquittal and does not automatically bar a later prosecution. It differs from a verdict of acquittal, which does bar re-prosecution for the same offence.

Question 18Criminal Procedure

An accused wishes to appeal his conviction on the ground that the trial judge wrongly admitted evidence. What must the Court of Appeal consider?

  1. Whether the jury was unanimous
  2. Whether the accused was represented by counsel
  3. Whether the trial lasted more than five days
  4. Whether the conviction is unsafe having regard to the admission of the evidence Correct answer.

Explanation

The Court of Appeal reviews whether the conviction is unsafe, and the erroneous admission of evidence will lead to quashing only if it rendered the conviction unsafe. Representation, trial duration and jury unanimity are not the criteria for determining the appeal.

Question 19Criminal Procedure

What is the function of a preliminary examination or the sending forward procedure in the District Court?

  1. To decide whether there is sufficient evidence to return the accused for trial Correct answer.
  2. To hear the appeal against conviction
  3. To determine the guilt of the accused
  4. To impose sentence on the accused

Explanation

The sending forward procedure allows the District Court to consider whether there is sufficient evidence for the accused to be returned for trial in the Circuit Court or Central Criminal Court. It is not a determination of guilt, a sentencing hearing, or an appeal.

Question 20Criminal Procedure

Which of the following statements about the right to silence of an accused in Garda custody is correct?

  1. The accused's silence may be commented on by the prosecution in all circumstances
  2. The accused's failure to account for certain matters may, in limited statutory circumstances, be admissible Correct answer.
  3. The accused must answer all questions put during detention
  4. The accused forfeits the right to silence once arrested

Explanation

The right to silence is protected, but statute permits the drawing of inferences in limited circumstances, for example where the accused fails to account for specified matters. Silence is not generally open to adverse comment, and the right is not forfeited on arrest.

Question 21Criminal Procedure

An accused is charged with an offence triable either way. What is the significance of the accused's election?

  1. The accused may elect to have the matter decided by the Director of Public Prosecutions
  2. The accused may elect to have the jury dispensed with in the Central Criminal Court
  3. The accused may elect to be tried by the Court of Appeal
  4. The accused may elect trial on indictment, in which case the District Court sends the case forward Correct answer.

Explanation

For offences triable either way, the accused may elect trial on indictment, in which case the District Court sends the case forward for trial. The accused cannot elect the Court of Appeal, the Director, or dispense with the jury in the Central Criminal Court.

Question 22Criminal Procedure

Evidence of an accused's previous convictions is tendered by the prosecution in a trial on indictment. What is the general rule?

  1. It is admissible to show that the accused is of bad character
  2. It is admissible to bolster the credibility of prosecution witnesses
  3. It is inadmissible unless the accused has put his or her character in issue or another statutory exception applies Correct answer.
  4. It is admissible only if the accused gives evidence

Explanation

Evidence of previous convictions is generally inadmissible because it is prejudicial and tends to show propensity, but it may be admitted where the accused puts his or her character in issue or another recognised statutory exception applies. It is not admitted merely to show bad character or to bolster prosecution witnesses.

Question 23Criminal Procedure

A co-accused makes a statement to Gardaí implicating the accused. The co-accused does not give evidence at trial. How should the trial judge treat the statement as against the accused?

  1. It is not admissible against the accused as evidence of guilt, though it may be relevant to the co-accused's case Correct answer.
  2. It is admissible as evidence of the accused's guilt because it was made under caution
  3. It is admissible if the co-accused signed it
  4. It is admissible if the Garda who took it gives evidence

Explanation

A statement by one accused is not admissible against a co-accused as proof of guilt, because it is hearsay as against that co-accused and the maker cannot be cross-examined on it. The statement may be evidence in the case of the maker, and the trial judge must direct the jury accordingly.

Question 24Criminal Procedure

What is the significance of the requirement that a jury be unanimous in a criminal trial on indictment?

  1. The jury must be unanimous only on sentence
  2. A majority verdict may be taken after a specified period of deliberation in accordance with statute Correct answer.
  3. Unanimity is required only where the accused pleads not guilty
  4. A majority verdict is never permitted in any criminal trial

Explanation

The general rule is that a jury verdict must be unanimous, but statute permits a majority verdict to be taken after a specified period of deliberation, subject to safeguards. Majority verdicts are therefore not wholly excluded, and unanimity concerns the verdict rather than the sentence.

Question 25Criminal Procedure

An accused is convicted and wishes to appeal against the severity of sentence. Which court has jurisdiction, and on what basis?

  1. The High Court, on the basis that the sentence was unconstitutional
  2. The Supreme Court, which hears all sentence appeals as of right
  3. The Court of Appeal, which may quash or vary a sentence that is excessive or wrong in principle Correct answer.
  4. The District Court, which may review the sentence

Explanation

The Court of Appeal hears appeals against sentence from the Circuit Court and Central Criminal Court and may quash or vary a sentence that is excessive or wrong in principle. The High Court, District Court and Supreme Court do not exercise this appellate sentencing jurisdiction in the ordinary way.

Question 26Criminal Procedure

A person is arrested without warrant by a Garda. Under the Criminal Justice Act 1984, what is the general maximum period for which that person may be detained in a Garda station before charge, subject to statutory extensions?

  1. Six hours from arrest
  2. Forty-eight hours from arrest
  3. Twelve hours from arrest
  4. Twenty-four hours from arrest Correct answer.

Explanation

Section 4 of the Criminal Justice Act 1984 permits detention in a Garda station for up to 24 hours from arrest, with lawful extensions available on specified grounds. Detention must be reviewed periodically and the person must be charged or released within the permitted period.

Question 27Criminal Procedure

A person is brought before a court charged with an offence and applies for bail. Which constitutional provision is the principal source of the presumption in favour of bail in Irish law?

  1. Article 40.4.1 of the Constitution Correct answer.
  2. Article 38.1 of the Constitution
  3. Article 37.1 of the Constitution
  4. Article 34.1 of the Constitution

Explanation

Article 40.4.1 guarantees personal liberty and the Supreme Court in Ryan v The Director of Public Prosecutions treated the presumption in favour of bail as flowing from that guarantee. Bail may be refused only where the Constitution permits, for example under the People (Attorney General) v O'Callaghan criteria.

Question 28Criminal Procedure

A judge is considering whether to grant bail to an accused. Under the People (Attorney General) v O'Callaghan criteria, which factor may properly justify refusal of bail?

  1. The accused's lack of a fixed address
  2. The seriousness of the charge alone
  3. The accused's inability to pay a surety
  4. The likelihood that the accused will commit a serious offence if released Correct answer.

Explanation

In People (Attorney General) v O'Callaghan the Supreme Court identified the risk that the accused would commit a serious offence as a constitutionally permissible ground for refusing bail. The seriousness of the charge by itself is not sufficient, and poverty or lack of address are not proper grounds.

Question 29Criminal Procedure

An accused is in custody awaiting trial and the prosecution seeks an adjournment of the trial date. Which constitutional provision is most directly engaged by an excessive delay in bringing the accused to trial?

  1. Article 35.2, on judicial independence
  2. Article 40.4.2, concerning habeas corpus
  3. Article 38.1, requiring trial in due course of law Correct answer.
  4. Article 28.4.1, on the declaration of a national emergency

Explanation

Article 38.1 requires that a person be tried in due course of law, and the courts have treated undue delay in bringing an accused to trial as a potential breach of that guarantee. Where delay is established the remedy may include prohibition of the trial or a stay.

Question 30Criminal Procedure

A person is arrested on suspicion of an arrestable offence. What is the general common law rule concerning the giving of a caution before questioning?

  1. A caution is required only where the person has been formally charged
  2. A caution is required only where a solicitor is present
  3. A caution is required only where the person has been detained for more than six hours
  4. A caution must be administered before any questions are put to the suspect about the offence Correct answer.

Explanation

Under the Judges' Rules and the Criminal Justice Act 1984 provisions, a suspect must be cautioned before being questioned about an offence. The caution informs the suspect that they are not obliged to answer but that anything said may be used in evidence.

Question 31Criminal Procedure

A suspect in Garda custody asks to speak to a solicitor before being interviewed. What is the general position under Irish law?

  1. The right arises only where the suspect is a minor
  2. The right arises only after the suspect has been charged
  3. The suspect has a right of reasonable access to a solicitor, subject to limited exceptions Correct answer.
  4. The request may be refused at the discretion of the investigating member

Explanation

The Supreme Court in People (Director of Public Prosecutions) v Healy established that a suspect in custody has a right of reasonable access to a solicitor before questioning, subject to limited exceptions such as urgency. Denial of that right can render subsequent admissions inadmissible.

Question 32Criminal Procedure

Evidence is tendered of an admission made by an accused while in Garda custody. The accused alleges that the admission was obtained by threats. Who bears the burden of establishing admissibility?

  1. The trial judge, who must satisfy himself or herself independently
  2. The accused, beyond reasonable doubt
  3. The prosecution, beyond reasonable doubt Correct answer.
  4. The accused, on the balance of probabilities

Explanation

Where the voluntariness of an admission is challenged, the prosecution must prove beyond reasonable doubt that the statement was voluntary. This reflects the constitutional presumption of innocence and the rule against admitting involuntary statements.

Question 33Criminal Procedure

A Garda wishes to arrest a person for an arrestable offence without a warrant. Under section 4 of the Criminal Justice Act 1984, which condition must generally be satisfied?

  1. The member must have obtained a warrant from a peace commissioner
  2. The member must have reasonable cause to suspect the person has committed the offence Correct answer.
  3. The member must have obtained the prior approval of a superintendent
  4. The member must have observed the offence being committed

Explanation

Section 4 of the Criminal Justice Act 1984 permits arrest without warrant where the member has reasonable cause to suspect the person has committed an arrestable offence. The test is objective and does not require prior approval or direct observation.

Question 34Criminal Procedure

A search warrant is sought to search premises for evidence of an offence. Which statement best describes the general requirement for the validity of such a warrant?

  1. The warrant must be based on information on oath disclosing reasonable grounds Correct answer.
  2. The warrant may be granted by a member of An Garda Síochána of any rank
  3. The warrant may be granted orally without any record
  4. The warrant must be granted by a judge of the High Court

Explanation

A search warrant must be supported by information on oath disclosing reasonable grounds for the belief that evidence of an offence will be found at the premises. The warrant must be granted by a person with jurisdiction, generally a judge or peace commissioner, and must specify the premises.

Question 35Criminal Procedure

An accused is charged with an offence triable on indictment and seeks to have the charge dismissed before trial. What is the general test applied by the District Court when deciding whether to send the accused forward for trial?

  1. Whether there is sufficient evidence to put the accused on trial Correct answer.
  2. Whether the offence is serious enough to warrant a jury trial
  3. Whether the accused is likely to be convicted by a jury
  4. Whether the accused has admitted the offence

Explanation

The sending forward procedure requires the District Court to consider whether there is sufficient evidence to put the accused on trial. The test is not whether conviction is probable but whether a reasonable jury could convict on the evidence.

Question 36Criminal Procedure

At the close of the prosecution case, the trial judge is invited to direct an acquittal. On what basis may the judge properly do so?

  1. Where there is no evidence on which a reasonable jury, properly instructed, could convict Correct answer.
  2. Where the accused has indicated an intention to plead not guilty
  3. Where the accused has adduced no evidence in reply
  4. Where the judge considers the prosecution witnesses to be unimpressive

Explanation

A direction to acquit is appropriate only where there is no evidence on which a reasonable jury, properly directed, could convict. The judge does not weigh credibility in the manner of a jury, and the mere absence of defence evidence is not a ground.

Question 37Criminal Procedure

A jury has retired to consider its verdict. What is the general consequence of a jury being unable to reach a unanimous verdict after a reasonable period?

  1. The trial judge may accept a majority verdict in accordance with statute Correct answer.
  2. The jury must continue deliberating indefinitely
  3. The jury may return a verdict of not guilty by direction of the judge
  4. The jury must be discharged and the accused acquitted

Explanation

Under the Criminal Justice Act 1984, as amended, the trial judge may accept a majority verdict after the jury has deliberated for a specified period and the judge is satisfied that a unanimous verdict is unlikely. The foreman must state that the jury has been unable to agree unanimously.

Question 38Criminal Procedure

A judge is charging the jury at the close of a trial on indictment. Which statement best describes the judge's function?

  1. To express a personal view on the credibility of each witness
  2. To determine the sentence before the verdict is returned
  3. To summarise the evidence and explain the applicable law to assist the jury Correct answer.
  4. To decide the facts and instruct the jury to apply them

Explanation

The judge's charge summarises the evidence and explains the relevant law so that the jury can apply it to the facts. The judge must be balanced and may comment on the evidence, but the jury remains the sole judge of fact.

Question 39Criminal Procedure

A prosecution witness fails to attend court after being served with a summons. Which step is generally available to the prosecution in the first instance?

  1. An application for a bench warrant for the witness's arrest Correct answer.
  2. An application to discharge the jury
  3. An application to exclude the witness's statement
  4. An application to commit the witness for contempt without notice

Explanation

Where a witness fails to attend in response to a summons, the prosecution may apply to the court for a bench warrant for the witness's arrest. Contempt proceedings or other measures may follow, but the bench warrant is the usual first step.

Question 40Criminal Procedure

An accused wishes to appeal against conviction on a point of law from the Circuit Court on indictment. To which court does the appeal lie in the first instance?

  1. The High Court
  2. The Court of Appeal Correct answer.
  3. The Supreme Court
  4. The District Court

Explanation

Appeals from convictions on indictment lie to the Court of Appeal under the Courts (Establishment and Constitution) Act 1961 and the Court of Appeal Act 2014. The Supreme Court hears further appeals only where it grants leave on specified grounds.

Question 41Criminal Procedure

An accused seeks to appeal against conviction on the ground that the verdict was against the weight of the evidence. What must the Court of Appeal consider?

  1. Whether the accused gave evidence in his or her own defence
  2. Whether the verdict is one that no reasonable jury could have reached on the evidence Correct answer.
  3. Whether the trial judge misdirected the jury in law
  4. Whether the sentence imposed was excessive

Explanation

Where the verdict is challenged as against the weight of the evidence, the Court of Appeal asks whether the verdict is one that no reasonable jury could have reached. The court does not substitute its own view of the facts for that of the jury.

Question 42Criminal Procedure

A person is charged with a summary offence. Which court generally has jurisdiction to try the offence?

  1. The District Court Correct answer.
  2. The Central Criminal Court
  3. The Circuit Court
  4. The Special Criminal Court

Explanation

Summary offences are tried by a judge of the District Court sitting without a jury. More serious offences are tried on indictment in the Circuit Court or the Central Criminal Court.

Question 43Criminal Procedure

An accused is charged with an offence triable either way and elects to be tried by jury. What is the consequence of that election?

  1. The accused is sent forward for trial on indictment Correct answer.
  2. The accused must plead guilty
  3. The accused loses the right to appeal
  4. The accused is tried summarily by the District Court

Explanation

Where an offence is triable either way and the accused elects trial by jury, the District Court sends the accused forward for trial on indictment. The election transfers the mode of trial from summary disposal to trial by judge and jury.

Question 44Criminal Procedure

A person is convicted and the prosecution seeks a custodial sentence. Which statutory provision generally governs the imposition of sentences in Irish courts?

  1. The Criminal Justice Act 1984
  2. The Criminal Justice Act 1993 Correct answer.
  3. The Criminal Justice (Community Service) Act 1983
  4. The Bail Act 1997

Explanation

The Criminal Justice Act 1993 contains the principal statutory framework for sentencing, including provisions on the matters a court must take into account and on the imposition of custodial sentences. The 1984 Act deals largely with detention and evidence, and the 1983 Act with community service.

Question 45Criminal Procedure

A judge is considering whether to impose a custodial sentence. Which principle generally guides the court in deciding between custodial and non-custodial options?

  1. A custodial sentence should be imposed only where no other penalty is appropriate Correct answer.
  2. A custodial sentence should be imposed for every indictable offence
  3. The views of the victim determine the sentence
  4. The sentence must always equal the maximum prescribed by statute

Explanation

Sentencing courts apply the principle that imprisonment should be imposed only where no other penalty is appropriate, reflecting the proportionality requirement in the Criminal Justice Act 1993 and the constitutional presumption in favour of liberty. The views of the victim are relevant but not determinative.

Question 46Criminal Procedure

A person is arrested and detained in a Garda station. At what intervals must the detention be reviewed under the Criminal Justice Act 1984?

  1. Every twelve hours
  2. Every six hours Correct answer.
  3. Every twenty-four hours
  4. Every hour

Explanation

Section 4 of the Criminal Justice Act 1984 requires periodic review of detention, generally at intervals not exceeding six hours, by a member of appropriate rank. The review considers whether continued detention is necessary and lawful.

Question 47Criminal Procedure

A suspect is a child under the age of eighteen. Which additional protection generally applies during Garda questioning?

  1. The child may be questioned without any adult present
  2. The child must be accompanied by a parent, guardian or other appropriate adult Correct answer.
  3. The child must be tried in the Special Criminal Court
  4. The child may be detained without review

Explanation

Under the Children Act 2001 and the Criminal Justice Act 1984 provisions, a child suspect should have a parent, guardian or other appropriate adult present during questioning. This protects the child's welfare and the reliability of any admissions.

Question 48Criminal Procedure

A trial on indictment is underway and the accused absconds before the verdict. What is the general position regarding continuation of the trial in the accused's absence?

  1. The trial must continue to verdict in all cases
  2. The trial must be abandoned and the accused acquitted
  3. The trial must be transferred to the Special Criminal Court
  4. The trial may continue where the accused has voluntarily absented himself or herself and the court is satisfied it is fair to proceed Correct answer.

Explanation

Irish courts have recognised a discretion to continue a trial where the accused has voluntarily absented himself or herself, provided the trial can be conducted fairly. The court considers the circumstances, including whether the accused is represented.

Question 49Criminal Procedure

A witness gives evidence at trial that differs from a statement previously made to Gardaí. What is the general procedure available to the prosecution?

  1. The prosecution may apply to treat the witness as hostile and cross-examine on the prior statement Correct answer.
  2. The prosecution may read the prior statement as evidence in chief without more
  3. The prosecution may immediately charge the witness with perjury without further proof
  4. The prosecution may ask the judge to direct the jury to disregard all of the witness's evidence

Explanation

Where a witness's evidence departs from a prior statement, the prosecution may apply to the court for leave to treat the witness as hostile and to cross-examine on the earlier statement. The prior statement is not automatically substantive evidence.

Question 50Criminal Procedure

An accused is charged with an offence and the prosecution intends to rely on a confession allegedly made in custody. The accused was not informed of the right to consult a solicitor. What is the likely effect on admissibility?

  1. The confession may be excluded in the court's discretion where the breach rendered the trial unfair Correct answer.
  2. The confession is automatically admissible regardless of the breach
  3. The confession is admissible only if corroborated
  4. The confession must be admitted because it was made voluntarily

Explanation

A breach of the right of access to a solicitor does not automatically render a confession inadmissible, but the trial judge has a discretion to exclude it where admitting it would render the trial unfair. The court weighs the breach against the interests of justice.