Category: Criminal Evidence

Historically, there were restrictions on the competence and compatibility of the accused’s spouse.  This was for the purpose of upholding privacy in marital communications.   The spouse is both competent and can be compelled on behalf of the defence.  This is unless he or she is jointly charged.  The spouse is treated as any other […]

Experts The general principles of law applicable to expert evidence apply in criminal and civil matters.  An expert who is shown to have expertise in a particular area may offer expert opinion on matters in issue.  The underlying facts which are the basis of the opinion must be proved or must be explicitly stated to […]

Former Corroboration Formerly, it was a requirement that there be corroboration in a charge of rape or other sexual offence.  The Criminal Law Rape (Amendment) Act provided that a Judge had the discretion whether or not to give a warning in relation to convicting without corroboration in sexual offences.  The provision was originally enacted in […]

Requirement for Corroboration Historically, corroboration was required in a range of circumstances.  The circumstances in which it was required have reduced significantly in the last 30 years.  In some cases, it was not permissible to convict without corroboration.  In other cases, a warning as to the dangers of conviction without corroboration was to be given […]

Photographs Where a person is arrested by an  Garda Síochána under any power, he may be photographed as soon as may be after his arrest for the purpose of assisting identification in connection with any proceedings that may be instituted or an offence for which he is arrested.  The power may only be exercised on […]

Witness Earlier Inconsistent Statements Generally, pretrial written statements are not admissible in evidence in court proceedings.  Pretrial statements would be hearsay being written statements not subject to cross-examination.  There are also rules which limit the extent to which earlier consistent statements may be offered in evidence on behalf of the party who made the same. There […]

General Most persons are competent and compellable as witnesses.  A person who is competent has the capacity to give evidence. Persons who may take the oath or affirmation and are capable of giving an intelligible rationale account of matters of which they have knowledge or to which they are privy. Most witnesses are compellable.  This […]

Character Character evidence in relation to the accused is generally inadmissible.  It seeks to attack a person’s credibility on the basis of his general reputation for truthfulness. The courts allow character evidence in some limited cases where its probative value outweighs its prejudicial effects.  Good character may be offered by evidence of good reputation through […]

Overview Historically, the right to silence has been 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 recognized that the right to silence is a corollary of the right […]

  Unlawful v Unconstitutional Where evidence is obtained illegally but not a breach of constitutional rights, the judge has discretion as to whether to exclude it.  In some cases, the legislation may provide specifically that the evidence is admissible or inadmissible. In principle, evidence obtained unlawfully but not in breach of constitutional right may be […]

Visual Link Evidence of Minors In certain sexual offences, offences  in relation to child pornography and human trafficking, a person under the age of 18 may give evidence through a visual link unless the court sees good reason to the contrary.  Evidence may be allowed through a television link in other cases with the consent […]

Admission of Documents The Criminal Evidence Act 1992 provides for the admission of a range of documents and other evidence that would constitute inadmissible hearsay evidence, but for the legislation.  They are admitted as proof/evidence in criminal cases. Certain records and documents are admissible as proof of the facts in them in criminal proceedings as […]

Disclosure in the District Court In the case of a summary offence of a serious nature or an indictable offence being charged summarily, the defendant may be entitled to disclosure of the prosecution evidence.  This is the case, notwithstanding that the District Court Rules do not provide formally for the disclosure of evidence.  This is […]

Sacerdotal Privilege So-called sacerdotal privilege is not recognised at common law in England, but  has been recognised on a limited basis in Ireland.  Sacerdotal privilege  has been recognised in the United States. Under Catholic/Roman Catholic Church practice, a priest hearing  confession is subject to an absolute vow of confidentiality.  The Catholic Church holds that the […]

Operation Forensic Science Ireland operates the DNA Database System in accordance with the legislation.  It may make arrangements with laboratories to perform functions. A Database System Oversight Committee is established.  It is to be independent in the performance of its functions.  Its functions are to oversee the management and operation of the System for the […]

Taking Samples There are provisions for the taking of samples in connection with investigations. Reasonable force may be used to take samples if the person is imprisoned, in a child detention centre or other place of detention.  It must be authorised by the governor or person in charge of the place of detention. There are provisions […]

DNA Evidence DNA refers to an acid present within the nucleus of living cells that carries unique genetic information. The development of understanding of DNA has revolutionized forensic evidence. It is possible to profile microscopic biological samples from a crime scene and victims with that of individuals and create a match to a very high […]