Book Description

Legal writing in plain English. Law guidebooks using plain English which is easy to understand using clear concise plain wording. Welcome to my series of law guidebooks for beginners.Criminal LawA crime is defined in law in Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:* Summary offences* Indictable offences* Minor offences* Serious offences* Arrestable offencesThere are two ways criminal offences can be tried in Irish law:* In the lower court (District Court) before a judge without a jury (summary).* In the higher courts (Circuit Criminal Court, Central Criminal Court) before a judge and jury (indictable).Actus Reus Mens Rea Intention What is Criminal Law? Article 40 of the constitution of IrelandSummary and indictable offences Minor and non-minor offencesSerious and non-serious offencesArrestable and non-arrestable offencesAccomplice to CrimePrincipal in CrimeAccessory after the FactDifferences between Crimes and TortsInchoate OffencesIncitementConspiracy AttemptPublic order offences in IrelandIntoxication (being drunk) in a public placeDisorderly conduct in a public placeThreatening, abusive or insulting behaviour in a public placeBegging in an intimidating or threatening manner Distribution or display in a public place of material which is threatening, abusive, insulting or obscene Failure to comply with the direction of a member of An Garda SiochanaWilful obstructionEntering a building, etc, with intent to commit an offenceTrespass on a building, etcRiot Violent disorderAffrayBlackmail, extortion and demanding money with menaces Assault with intent to cause bodily harm or commit an indictable offenceAssault or obstruction of a peace officerAttacks on emergency service personnelIndictable offences:Summary offences:The Prosecution of CrimeDistrict Court Summons ProcedureThe Validity of the SummonsTime Limits for the Issuing of A SummonsIndictable Offences Time LimitsCharge Sheet ProcedureRight to Silence and against Self-incriminationBailArrestsArrest without a warrantEntry and search of a premises to carry out an arrestManner of Arrest Search of the Arrested PersonProcedure after ArrestImmunity from ArrestAn arrestable offence under the Criminal Law Act 1997Section 30 of the Offences Against The State Act 1939Periods of Detention:Section 30 of the Offences Against the State Act 1939Section 4 of the Criminal Justice Act 1984Section 2 of the Drug Trafficking Act 1996Drug offencesCustoms National Drug TeamPossession of any other controlled drugsGrowing cannabis plants or opium poppiesRegulations regarding opiumPossession of controlled drugs for sale or supply Use of premises, vehicles or vessels for certain activitiesForged or fraudulently altered prescriptionsAttempting or helping others to commit an offence Court-ordered drug treatmentThe Definition of HomicideVoluntary Manslaughter:Section 4 of the Criminal Justice Act, 1964, which provides:A life sentence is mandatory for murderCapital PunishmentDeath Penalty FactsManslaughter and ProvocationFatal Assault ManslaughterCriminal NegligenceDuty to ActAct or OmissionEuthanasiaNon-voluntary EuthanasiaTheft, Burglary, Aggravated Burglary and Robbery Section 4 of the Criminal Justice Act 2001 Actus Reus and Mens Rea of theft Theft, robbery and burglary. Aggravated burglary s. 13 the Criminal Justice Act 2001 Penalty s. 13(3) the Criminal Justice Act 2001 Section 14 Criminal Justice Act 2001The defence of IntoxicationIntoxication by DrugsThe Burden of ProofDefence of MistakeDefence of InsanityFit or unfit to be triedNot guilty by reason of insanityDiminished responsibility in murder casesConstrained ChoiceDefence of Necessity