FE-1 Criminal Law

Question 1

Under Irish criminal law, what are the two essential elements that must be proved for most criminal offences?

Accepted Answer

Actus reus (guilty act) and mens rea (guilty mind)

Answer

Most criminal offences in Ireland require proof of both the actus reus (the physical element or guilty act) and the mens rea (the mental element or guilty mind). Strict liability offences are an exception where mens rea is not required.

Question 2

What is the standard of proof in criminal proceedings in Ireland?

Accepted Answer

Beyond reasonable doubt

Answer

In criminal proceedings, the prosecution must prove the accused's guilt beyond reasonable doubt. This is a higher standard than the civil standard (balance of probabilities) and reflects the serious consequences of criminal conviction.

Question 3

Under the Criminal Justice (Theft and Fraud Offences) Act 2001, what is the offence of theft?

Accepted Answer

Dishonestly appropriating property without the consent of its owner with the intention of permanently depriving the owner of it

Answer

Section 4 of the 2001 Act defines theft as dishonestly appropriating property without the consent of its owner and with the intention of depriving the owner of it. The key elements are dishonesty, appropriation, and intent to permanently deprive.

Question 4

What is the defence of self-defence under Irish criminal law?

Accepted Answer

A person may use reasonable force to protect themselves or others from an imminent threat of unlawful force

Answer

Under the Non-Fatal Offences Against the Person Act 1997 (s.18-20) and common law, a person may use reasonable force to defend themselves or another person. The force must be proportionate to the threat and the threat must be imminent.

Question 5

What is the role of the Director of Public Prosecutions (DPP) in the Irish criminal justice system?

Accepted Answer

To decide whether to prosecute criminal cases and to direct prosecutions on indictment

Answer

The DPP is an independent officer who decides whether to initiate or continue criminal prosecutions. The DPP directs all prosecutions on indictment and may also direct summary prosecutions. The office operates independently of the Government.

FE-1 Practice Test

FE-1 Practice Test

FE-1 Criminal Law