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20 Cards in this Set
- Front
- Back
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Rights on Arrest |
Informed of charges- DPP v Walsh
Access to, consult with lawyer- DPP v Healy
Free legal aid- State(Healy) v Donoghue |
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Questioning |
Can be detained for questioning if: Section 30, Offences Against the State Act 1939, up to 24 hours, can be renewed twice Section 4, Criminal Justice Act 2006, arrest for something attracting 5+ years imprisonment, up to 6 hours, can be extended to 24. Criminal Justice(Drug Trafficking) Act 1996, on suspicion of drug trafficking can be held for 6 hours->24->48, all with consent of Chief Superintendent. District Court judge can extend it by a further 72 hours, then 48 hours. Why are these constitutional? Proportional and in the interest of the people: DPP v Quilligan |
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Questioning v2 |
Cannot be oppressive: People(DPP) v McNally (sleep deprivation) Must be voluntary: Griffin J. in People (DPP) v Shaw |
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Bail restrictions |
In general, assumption of innocence means they can't be refused bail: Ryan v DPP But 40.6.6 and the Bail Act 1997: Reasonably considered necessary to prevent commission of serious crime, or where accused of 'serious offence' with a max penalty of not less than 5 years imprisonment. Have to consider seriousness of offence, strength of evidence, likely sentence, previous convictions, drug addiction, likelihood to commit crime on bail |
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Right to Silence |
Privilege against self-incrimination, can't draw inferences or conclusions from someone's silence. Not absolute, has to be balanced against rights of public to be protected against crime- Heaney v Ireland Section 18+19 Criminal Justice Act 1984(Amended 2007): Can be questioned in relation to objects in his possession or in place he was arrested, and asked to account for their presence in that place. Failure to respond may lead to a court drawing inferences, but they must be informed of these consequences Note: Under s.30 of same act, if they fail to raise a point at the time of being charged which is later used and the circumstances of arrest clearly demanded explanation, inferences may also be drawn. |
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Fair Trial |
Crime must be known to law: People(AG) v Edge Retrospective effect: Article 15.5 Presumption of innocence: 38.1. Must be no reasonable doubt, no requirement on accused to prove innocence. King v AG, unconstitutional to make it a crime for 'suspected person' to 'loiter with intent'. O'Leary v AG, burden of proof remains on prosecutor unless evidence is very strong Hardy v Ireland: Explosive substance moved burden of evidence, not overall burden of proof, onto the accused, and was therefore constitutional. Rendered possession evidence, not proof. Could be contradicted by evidence of a lawful purpose |
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Speedy Trial |
Where delay may result in prejudice to the accused, prosecution may be prevented. State (O'Connell) v Fawsitt. 4 year delay, no good reason, important defence witness no longer available. No fixed period of time, if the right to a fair trial hasn't diminished then it can go ahead regardless. Case by case basis, is it excessive and prejudicial? Balance rights of accused to fair trial and victim to justice. |
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Right to be present at one's trial |
People(AG) v Messitt, trial continued after accused was forcibly removed for misconduct, ruled as unconstitutional. However, they an abscond this right if they wish. |
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Right to understand the proceedings
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State(Buchan) v Coyne |
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Right to impartial judge and jury |
People(AG) v Singer, one of jury had been a victim of the fraud Magee v O'Dea, unfavourable comments in UK media threatened prospect of fair trial |
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Certain and proportionate sentece |
Must be proportionate- Cox v Ireland Certain- State (O.) v O'Brien, indeterminate sentence unconstitutional |
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Double Jeopardy |
State(O'Callaghan) v ÓhUadaigh. However, can appeal HC decision to SC- People(DPP) v O'Shea Can be done if the court lacked jurisdiction to convict. But if properly acquitted before a filly competent court, cannot normally be retried for same offence. |
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Right to prepare and present defence(with legal representation) |
Can confront, cross-examine accusers/witnesses to test accuracy, but victims must also be protected- Donnelly v Ireland Right to lawyer, both following arrest and during trial. If he cannot afford, state obliged to grant legal aid: State(Healy) v Donoghue Lawyer before questioning: People(DPP) v Gormley |
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Unconstitutionally obtained evidence |
Accidental breach: People(AG) v O'Brien. Ignorant but accidental breach allowed. House A said instead of House B, technically unconstitutional. Extraordinary excusing circumstances: People(DPP) v Shaw Prevent destruction of evidence: People(DPP) v Lawless |
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Criminal Intent |
Mental innocence: C.C. v Ireland |
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Trial by Jury |
Must have a jury, except: 1. Minor offence 2. Special Criminal Court 3. Tried before a court martial |
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'Minor Offence' |
Severity of maximum penalty is looked at. Max of >1 year in prison / fine of 3000 euro Conroy v AG, 6 months > minor Mallon v Minister for Ag, 2 years > not minor Kostan v Ireland, confiscation of boat worth over 100,000 >not minor O'Sullivan v Hartnett, 2,300 > non-minor Must only look to primary consequences, not secondary. Charlton v Ireland |
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Special Criminal Court |
3 judges instead of jury, used where state fears jury would be intimidated or threatened. Use of SCC cannot be challenged in a court of law: Kavanagh v Ireland |
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Trial for contempt of court |
Murphy v BBC |
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Principles of Jury Trial |
Cannot waive the right: Re Haughey Representative of society at large: De Burca v AG |
