Case Stated on a Point of Law The case stated procedure allows for a reference from the District Court to the High Court on a point of law. There are two types of case stated. One is an appeal by way of case stated brought from a District Court decision on a point of law. A second type of case stated arises before the conclusion of […]
Overview The main purpose of the Garda Síochána (Recording Devices) Act is to provide a robust statutory framework for An Garda Síochána to use digital recording devices to support their key functions, such as the investigation, detection, prevention and prosecution of criminal offences, safeguarding against and preventing threats to public safety and public order, and in matters relating to the security of the State. This […]
Notice of Motion to the Court of Appeal Except where otherwise provided by this Part, every application to the Court of Appeal in proceedings begun in the Court of Appeal shall be by notice of motion in accordance with the Form No. 36 and shall be lodged with the Registrar and served on the other party to the proceedings and such other person, if any, […]
Deposition In a criminal case, after the accused has been sent forward for trial, either party may apply that a witness give his evidence in advance before the District Court in the presence of the accused. The District Court which the witness must attend may secure attendance by a summons by subpoena. Evidence may be given by a live link or by sworn deposition. The […]
CHILDREN ACT 2001 Interpretation (general). 3.—(1) In this Act, unless the context otherwise requires— “Act of 1907” means the Probation of Offenders Act, 1907; “Act of 1951” means the Criminal Justice Act, 1951; “Act of 1967” means the Criminal Procedure Act, 1967; “Act of 1984” means the Criminal Justice Act, 1984; “Act of 1991” means the Child Care Act, 1991; “action plan”, where it occurs […]
Practice Directions DC04 Children Court Dublin Metropolitan Children Court 1. This practice direction will apply to cases of children and young persons (that is to say, those under 18) in the Dublin Metropolitan Children Courts as and from 30/01/2014. 2. Children and young persons are referred to in this practice direction as ‘young defendants’. The singular includes the plural and the masculine the feminine. 3. Young defendants have […]
CHILDREN ACT 2001 Interpretation (general). 3.—(1) In this Act, unless the context otherwise requires— “Act of 1907” means the Probation of Offenders Act, 1907; “Act of 1951” means the Criminal Justice Act, 1951; “Act of 1967” means the Criminal Procedure Act, 1967; “Act of 1984” means the Criminal Justice Act, 1984; “Act of 1991” means the Child Care Act, 1991; “action plan”, where it occurs […]
Diversion Programme Unless the interests of society otherwise require, a child who has committed an offence or behaved anti-socially and accepts responsibility, may be admitted to a diversion program. The objective is to divert the child from further offences and anti-social behaviour. The objective is to be achieved primarily by administering a caution to the child, placing him under the supervision of a juvenile liaison […]
2010 Act The Criminal Procedure Act 2010 reforms law in relation to a number of matters. Some of the matters were considered by the Criminal Law Review Group and were the subject of recommendations in its 2007 report. The 2010 Act modifies the rule against double jeopardy to allow persons who have been acquitted to be retried in circumstances where new and compelling evidence emerges […]
Warrant of Committal The following provisions have been modified by the Fines Act. See the separate section on the Fines Acts. A warrant of committal to prison or committal in default of payment of a penalty must be in clear terms and must show the name of the institution or prison to which the accused is committed. A warrant issued and recognisance entered in respect […]
Scope of Legislation The Criminal Justice (Surveillance) Act 2009 provides for surveillance in connection with arrestable offences. It applies to surveillance carried out by members of An Garda Síochána, Defence Forces and officers of the Revenue Commissioners. It does not apply to an interception of telephone or equivalent messages, which is subject to separate regulation. It does not apply to close circuit TV, or to […]
Issues with Identification Identification is often a critical issue in criminal cases. Eyewitness evidence is often available, but is prone to weakness. Witnesses may make mistakes in sight, perception, observation and recollection. Witnesses may become wrongly convinced that the person accused is the person who has committed the offence. There are particular risks with identification where the witnesses have first been identified by the accused […]
Use of Fingerprints The use of fingerprints to identify persons who have committed crimes developed in the 19th century. The patterns on fingers are for all practical purposes unique. A fingerprint impression may be made which is later extracted. In modern times, IT-based systems can digitally compare fingerprints to databases and records. Further examination of comparison can create a match. Other types of impression marks […]
The Hearsay Rule Hearsay evidence is an out-of-court statement offered as proof of its contents. The principal objection to its admission is that it is not capable of being tested by cross-examination. It is not given an oath. It is unlikely to be given in a formal setting where there is an obligation to tell the truth. An out-of-court statement which is not offered as […]
Public Records Common Law There is a common law exception to the hearsay evidence rule for records containing matters of a public nature which are open for inspection and have been prepared by public officials under a duty to record information. A range of statutory instruments specifically provide for the admissibility of many such records, including various statutory registrars et cetera. A statement made in […]
Parental Supervision Order A parental supervision order may be made in proceedings where a child is found guilty of an offence. It may be made in the context where the court is satisfied that the child’s parents’ wilful failure to take care or control of the child has contributed to the child’s offending. The order may be up to six months in duration. The court […]
Community Sanctions The Childrens Act provides for a range of community sanctions. The court must be satisfied, having regard to the probation or other report and having heard evidence, including the parent, guardian or other adult present with the child, that the community sanction is the most appropriate way to deal with the matter. The court must explain to the child why the order is […]
UN Convention The United Nations Convention on the Rights of the Child, adopted in 1989 has been widely classified, provides for the rights of children deprived of their liberty and due process rights for children suspected of or accused of having committed a criminal offence. The Convention provides for a supervisory body, the Committee on the Rights of the Child, consisting of independent experts selected […]
Background & Overview Historically, the right to silence was a fundamental aspect of the criminal process. One aspect was the common law privilege against self-incrimination. The right has several different aspects ranging from the investigative phase to the trial phase. The Irish Courts have recognised that the right to silence is a corollary of the right of freedom of expression and an integral part of […]
Remission A prisoner who has been sentenced to imprisonment or consecutive imprisonment is to be eligible for remission of sentence not exceeding a quarter of the term. A prisoner who has engaged in authorised structured activity may apply to the Minister for enhanced remission. The application should be made, not earlier than six months prior to the date the prisoner would be released, if enhanced […]
Guiding Principles The paramount consideration for the Parole Board in every case is the safety of the community. It also sets out the following guiding principles: obligation to take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the person whose parole is being considered, information […]
Regulations regarding electronic monitoring The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring— the compliance of offenders with the above requirement and the compliance of persons with the temporary release requirements. Electronic monitoring. The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or […]
Restriction on movement order. Where a person aged 18 years or more is convicted of an offence specified below and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a […]
Notice of Appeal A convicted person who wishes to appeal to the Court of Appeal in criminal proceedings shall lodge with the Registrar a notice of appeal in the Form No. 9. The completed notice lodged shall answer the questions and comply with the requirements of that form. An appeal against a conviction may be argued only on grounds which have been set out in […]
Application The Criminal Procedure Act 2021 introduced preliminary trial hearings. The hearings deal with certain matters ahead of the beginning of the trial so as to ensure that the parties are ready to proceed on the day of the trial, and to minimise interruptions to while it is in train. The legislation applies to trials on indictment. It applies whether the person has been sent […]
2014 Act The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 replaced existing statutory and common law principles regarding taking of samples for forensic testing in criminal investigations. It repealed the previous 1990 legislation. The legislation provides for establishment of a database of DNA for use by the Garda Síochána in criminal investigations and to assist in finding missing and unknown persons. It […]
Criteria for Bail I In exercising its jurisdiction in relation to bail , a court shall take into account and may, where necessary, receive evidence or submissions concerning— the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction, the nature and degree of seriousness of the offence apprehended and the […]
Criminal Justice (Surveillance) Act 2009 The main purpose of the Act is to buttress the work of the Garda Siochana, the Defence Forces and the Revenue Commissioners in the prevention and detection of serious crime and in safeguarding the security of the State against subversion and terrorism. In regulating this area by law, the Act ensures that any possible legal obstacles to the admissibility of […]
Background The Criminal Justice (Mutual Assistance) Act 2015 amends the Criminal Justice (Mutual Assistance) Act 2008 to give effect to the following international instruments which have been ratified by the Oireachtas and which provide for mutual legal assistance with other EU member states: • Council Framework Decision 2005/214/JHA on mutual recognition of financial penalties. This instrument establishes the rules under which a Member State recognises […]
Overview The purpose of the Criminal Records (Exchange of Information) Act 2019.Act is to provide for the exchange of criminal record information between Ireland and other EU Member States. The Act will transpose Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States and Council Decision 2009/316/JHA on the establishment of the European Criminal […]
Repeat Offenders The 2019 Act set out the arrangements for sentencing for repeat sexual offenders. The 2019 Act inserts a Schedule into the Criminal Law (Sexual Offences Act 2017. The Schedule lists the offences to which the provisions of the above provisions apply. All of the scheduled offences are sexual offences of a serious nature where the maximum penalty on conviction on indictment is five […]
Communication The Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Courts Service, the Irish Prison Service, the director of a children detention school and the clinical director of a designated centre, as the case may be, shall, when dealing with a victim ensure that any oral or written communications with the victim are in simple and accessible language and take into account […]
Restorative justice In respect of any offence or alleged offence, a body or other person shall administer a restorative justice scheme (in this section referred to as a “scheme”) only if the requirements of this section are complied with. The offender or alleged offender shall acknowledge the basic facts of the offence committed or offence alleged to have been committed, as the case may be, […]
Courts Buildings In carrying out its functions, the Service shall ensure that— in so far as is practicable, provision is made during the course of criminal proceedings which are conducted in a court building for the separation of an offender or an alleged offender and his or her parents, relatives and friends from a victim and his or her parents, relatives and friends such that […]
Conduct of interviews There are requirements in relation to the conduct of interviews and arrangement of medical examinations which apply to all victims. A victim may also choose to be accompanied by a person of their choice at an interview. Assessment of victim Some victims, owing to their age or the particularly frightening, distressing or personal nature of the offence may be especially vulnerable. An […]
General To transpose Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA. A failure by an individual to observe any provision of this Act shall not of itself— render him or her liable to any criminal or civil proceedings, prevent any […]
Money Laundering Money-laundering is concealing the origin of money representing the proceeds of crime. It is a method by which proceeds of crime are legitimised and concealed. Since the mid-1990s, legislation, most of which has derived from European Union, has been enacted with the purpose of preventing money-laundering. The September 11th 2001 attacks, has led to further legislation, aimed at organised criminals and terrorists. The […]