Overview The habeas corpus procedure upholds the basic principle of law that a person shall not be deprived of his or her liberty save in accordance with law. Habeas corpus is a very ancient remedy by which the higher courts may inquire into the legality of a person’s detention. The remedy of habeas corpus was developed at common law. It was placed on the statutory basis […]
Confronting Witnesses Modern legislation has allowed for evidence to be given by way of TV links in cases of sexual offences and those involving threats of violence, where the witness is a minor or where otherwise allowed. The Supreme Court has rejected the view that this deprives the accused of the constitutional right to confront witnesses face-to-face. There is a right to cross-examine and challenge […]
The Separation of Powers Article 15.2.1 of the Constitution provides that the sole and exclusive power of making laws for the State is hereby vested in the Oireachtas. No other legislative authority has power to make any laws for the State. Article 28.2 provides that the executive power of the State shall, subject to the provisions of the Constitution, be exercised by or on the […]
Constitutional Guarantee Article 38 of the Constitution provides that no person shall be tried for any criminal charge, save in due course of law. Minor offences are to be tried by the courts of summary jurisdiction. There are exceptions in the case of special courts and military tribunals. See the separate chapter on states of emergency, war and rebellion. Apart from the above circumstances, there […]
Trial without Delay The Supreme Court has held that the Constitution guarantees a right to a trial without undue delay. The delay may ensue before prosecution or after commencement. Undue delay is said to prejudice the accused in the preparation of his defence and thereby deny a fair trial. The Constitution guarantees to every citizen that the trial of a person charged with a criminal […]
Due Process The constitutional obligations of fair procedures apply to civil court procedures. Court Rules and the rules of evidence, give effect to long-standing principles of fair procedures. The European Convention on Human Rights guarantees that in the determination of civil rights and obligations, persons are entitled to a fair and public hearing within a reasonable time, by an independent and impartial tribunal. Subject to […]
Hearing in Public The principle that courts should sit in public is a long-standing at common law and is implicitly recognised by the Constitution. It is expressly recognised by the European Convention on Human Rights. However, there are long-standing and logically justifiable exceptions to the principle that courts hear cases in public. The principle that courts should sit in public is designed to maintain public […]
Justice in Public The principle that courts should sit in public is a long-standing at common law and is implicitly recognised by the Constitution. It is expressly recognised by the European Convention on Human Rights. However, there are long-standing and logically justifiable exceptions to the principle that courts hear cases in public. The principle that courts should sit in public is designed to maintain public […]
The Criminal Process The Constitution expressly refers to certain of the common law features of the criminal process. Many other such features have been recognized by the Irish courts as implied in the Constitution over the last 50 years. Express and implied Constitutional rights protect the integrity of the criminal process. The common law criminal process involves a trial of the facts and circumstances alleged […]
The protection of person’s liberty is deemed to be fundamental. For this reason many constitutional rights relate have been developed in the context of criminal law. In particular the position in relation to arrest, bail, detention, trial and imprisonment is strictly subject to constitutional right. The Constitution largely underpins basic criminal procedure.The following board rights are recognised by the Constitution but may be limited and […]