Irish Law Basics Flashcards

What is the primary source of law in the Republic of Ireland?

Answer: Bunreacht na hÉireann (the Constitution of Ireland)

Bunreacht na hÉireann, enacted in 1937, is the fundamental law of the State. All other laws must be consistent with the Constitution, and any law found to be repugnant to it can be struck down by the courts.

What are the two houses of the Oireachtas?

Answer: Dáil Éireann and Seanad Éireann

The Oireachtas (national parliament) consists of Dáil Éireann (the lower house, directly elected) and Seanad Éireann (the upper house/Senate). The President is also a constituent part of the Oireachtas under the Constitution.

Under the Garda Síochána Act 2005, what is the primary function of An Garda Síochána?

Answer: Preserving peace and public order, protecting life and property, vindicating human rights, and preventing and detecting crime

Section 7 of the Garda Síochána Act 2005 sets out the functions of the force, which include preserving peace and public order, protecting life and property, vindicating human rights, and working with communities to prevent crime.

What is the age of criminal responsibility in Ireland?

Answer: 12 years (with exceptions for serious offences at 10)

Under the Children Act 2001 (as amended by the Criminal Justice Act 2006), the age of criminal responsibility is 12 years. However, children aged 10 or 11 can be charged with murder, manslaughter, rape, or aggravated sexual assault.

What is a 'summary offence' in the Irish legal system?

Answer: A minor offence tried in the District Court without a jury

Summary offences are less serious criminal matters heard by a judge sitting alone in the District Court. They include minor public order offences, minor road traffic offences, and petty theft. No jury is involved.

Under Irish law, what power does a Garda have to arrest without a warrant?

Answer: A Garda may arrest without warrant any person they have reasonable cause to suspect has committed an arrestable offence

Under section 4 of the Criminal Law Act 1997, a Garda may arrest without warrant any person they reasonably suspect of having committed an arrestable offence (an offence punishable by 5+ years imprisonment). The arrest must also be necessary.