IPAT Irish Law Basics 2 — Questions and Answers
Question 1: What are the fundamental rights protected under Articles 40-44 of Bunreacht na hÉireann?
- Personal rights including equality, life, liberty, expression, assembly, association, and religious freedom (Correct answer)
- Only the right to vote
- Only property rights
- Only rights related to education
Correct answer: Personal rights including equality, life, liberty, expression, assembly, association, and religious freedom
Articles 40-44 protect a wide range of fundamental rights including personal liberty, freedom of expression, peaceful assembly, freedom of association, family rights, education rights, private property rights, and freedom of religion.
Question 2: What is the role of the District Court in the Irish court system?
- It handles summary criminal offences, minor civil claims, and preliminary hearings for indictable offences (Correct answer)
- It only hears murder cases
- It is the court of final appeal
- It only deals with family law matters
Correct answer: It handles summary criminal offences, minor civil claims, and preliminary hearings for indictable offences
The District Court is the court of local and limited jurisdiction. It handles summary offences, civil cases up to €15,000, family law matters, licensing applications, and conducts preliminary hearings (book of evidence) for indictable offences to be sent forward for trial.
Question 3: Under the Criminal Justice (Public Order) Act 1994, what constitutes an offence of intoxication in a public place?
- Being present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension of danger to oneself or others (Correct answer)
- Drinking any alcohol in public
- Being in a pub after midnight
- Purchasing alcohol from an off-licence
Correct answer: Being present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension of danger to oneself or others
Section 4 of the Criminal Justice (Public Order) Act 1994 makes it an offence to be present in a public place while so intoxicated as to be a danger to oneself or others. Merely drinking in public is not itself the offence — the level of intoxication must create a danger.
Question 4: What is the Garda Youth Diversion Programme?
- A programme that diverts young offenders away from the criminal justice system through cautions and supervision rather than prosecution (Correct answer)
- A programme for recruiting young Gardaí
- A school education programme about road safety
- A youth sports programme run by Gardaí
Correct answer: A programme that diverts young offenders away from the criminal justice system through cautions and supervision rather than prosecution
The Garda Youth Diversion Programme, operated under Part 4 of the Children Act 2001, aims to divert young people who have committed offences from the criminal justice system by administering cautions (formal or informal) and providing supervised programmes.
Question 5: Under Irish road traffic law, what is the legal blood alcohol limit for fully licensed drivers?
- 50 milligrams of alcohol per 100 millilitres of blood (Correct answer)
- 80 milligrams of alcohol per 100 millilitres of blood
- Zero alcohol
- 100 milligrams of alcohol per 100 millilitres of blood
Correct answer: 50 milligrams of alcohol per 100 millilitres of blood
Under the Road Traffic Act 2010 (as amended), the legal blood alcohol concentration (BAC) limit for fully licensed drivers in Ireland is 50mg per 100ml of blood (0.05%). The limit is lower (20mg/100ml) for learner and professional drivers.
Question 6: What is the purpose of the Policing Authority of Ireland?
- To oversee the performance of An Garda Síochána and ensure policing services are effective, efficient, and fair (Correct answer)
- To train new Garda recruits
- To prosecute criminal cases
- To manage Garda pay and conditions
Correct answer: To oversee the performance of An Garda Síochána and ensure policing services are effective, efficient, and fair
The Policing Authority, established under the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, provides independent oversight of policing. It monitors Garda performance, appoints senior officers, and reports to the Minister for Justice.
IPAT Irish Law Basics 2
What are the fundamental rights protected under Articles 40-44 of Bunreacht na hÉireann?