Download or read book Criminal Justice and Garda Powers written by Irish Council for Civil Liberties and published by . This book was released on 2010 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Garda Powers written by Rebecca Coen and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The police force in Ireland - known as the Gardai ("Guardian") - are required to combine technical and legal proficiency in the prevention and detection of crime. Expected to intervene in every kind of emergency, Gardai investigate a diverse array of offenses, combining skills in crowd control, crime scene management, intelligence-gathering, and the collection and analysis of forensic evidence. In order to fulfill their various functions, the Gardai are vested with an extraordinary array of powers - powers which facilitate surveillance; the taking of forensic samples; photographs and fingerprints; stopping, searching, and arresting individuals; as well as searching homes and vehicles. Suspects are detained and questioned, children are taken into emergency care, mentally ill persons are taken into custody. Each situation is not only complicated on a human level, but on a legal level as well, as the powers exercised intersect with constitutional and legal rights to liberty, privacy, bodily integrity, freedom of association, and expression. In England and Wales, the Police and Criminal Evidence Act 1984 is accompanied by extensive PACE Codes of Conduct. There is a core framework of police powers and safeguards - clearly laid out - around stop and search, arrest, detention, investigation, identification, and interviewing detainees. However, in Ireland, an unwieldy array of legislation and case-law must be sifted through to decipher the applicable principles. The pace of legislative change in Irish criminal justice, combined with the practice of amending Acts piecemeal rather than by consolidation, makes identification of the extent and scope of the powers of the Gardai a challenge which is grappled with by Gardai and legal practitioners alike. This book examines Garda powers and the legal issues which arise in their exercise, with an emphasis on the practicalities of policing. The law is distilled to determine the origin of key powers and the pre-requisites and practical aspects of their lawful exercise. The approaches of the courts and police forces of other common-law jurisdictions to particular policing questions are considered. Best practice guidance has been incorporated, grounded in human rights principles and international standards.

Download or read book Criminal Justice in Ireland written by Paul O'Mahony and published by Institute of Public Administration. This book was released on 2002 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive overview of the Irish criminal justice system, its current problems and its vision for the future. Collection of essays by major office-holders, experienced practitioners, leading academics, legal scholars, sociologists, psychologists, philosophers and educationalists.

Download or read book Police Powers in Ireland written by Garnet Orange and published by Bloomsbury Professional. This book was released on 2024-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Police Powers in Ireland covers everything you need to know about police powers in the context of the investigation of crime, as well as general interactions between the members of An Garda Síochána and the public. This book examines the legal issues that arise, with an emphasis on the practicalities of policing.Alongside an analysis of up-to-date case law, this book traces the history of the force, its duties and powers, and details the importance of human rights.The Second Edition covers:- The significant changes to the law on drawing adverse inferences- The changes which DPP v JC had on the exclusionary rule- Damache v DPP, dealing with the competing interests between state and the accused- Observation, surveillance and phone-tapping- Visual ID (parades, videos, photos)This is a must-have guide to the duties, powers and history of An Garda Síochána for criminal practitioners, judges and academics; a necessity in any criminal lawyer's briefcase. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Download or read book Policing Twentieth Century Ireland written by Vicky Conway and published by Routledge. This book was released on 2013-08-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twentieth century was a time of rapid social change in Ireland: from colonial rule to independence, civil war and later the Troubles; from poverty to globalisation and the Celtic Tiger; and from the rise to the fall of the Catholic Church. Policing in Ireland has been shaped by all of these changes. This book critically evaluates the creation of the new police force, an Garda Síochána, in the 1920s and analyses how this institution was influenced by and responded to these substantial changes. Beginning with an overview of policing in pre-independence Ireland, this book chronologically charts the history of policing in Ireland. It presents data from oral history interviews with retired gardaí who served between the 1950s and 1990s, giving unique insight into the experience of policing Ireland, the first study of its kind in Ireland. Particular attention is paid to the difficulties of transition, the early encounters with the IRA, the policing of the Blueshirts, the world wars, gangs in Dublin and the growth of drugs and crime. Particularly noteworthy is the analysis of policing the Troubles and the immense difficulties that generated. This book is essential reading for those interested in policing or Irish history, but is equally important for those concerned with the legacy of colonialism and transition.

Download or read book Terrorism Rights and the Rule of Law written by Barry Vaughan and published by Willan. This book was released on 2013-05-13 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.

Download or read book Human Rights and Policing in Ireland written by Dermot Walsh and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the powers, practices, and processes of Garda (Ireland's police force) for compliance with international best practice in human rights standards. It offers a unique critique of the law, policy, and practice on policing in Ireland from a human rights perspective. The book is divided into four sections, with Part I examining human rights and policing in general. It offers a detailed and comprehensive account of human rights standards applicable to key aspects of policing, such as: arrest * detention * interrogation * the right of access to legal advice and medical treatment * the taking bodily samples * stop and question/search * entry, search, and seizure * surveillance * the use of informers * the improper use of intelligence * public order * the use of force * the treatment of victims * the treatment of ethnic minorities * complaints * internal discipline * accountability to the law * governance and democratic accountability * gender and diversity in the composition of the police organization * the rights of police officers with respect to trade union membership, political activity, and disciplinary procedures. The human rights standards on each of these aspects are extracted from international sources, such as: the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the Council of Europe's Code of Police Ethics, the reports of the Council of Europe's Committee on the Prevention of Torture, the jurisprudence of the European Court of Human Rights, and examples of best practice from other jurisdictions. This is supplemented by an account of relevant Irish human rights standards as extracted from Ireland's Constitution, the common law, and legislation. On each of these key aspects of policing, attention is drawn to how and where Irish law falls short of international best practice and what is needed to remedy the deficiencies. Part II offers a structured and comprehensive account of the human rights concerns that have affected policing in Ireland over the past decade or so. It gives an overview of the human rights failings that have been revealed by sources, such as: the Morris Tribunal of Inquiry into events in Donegal * the Barr Tribunal into the fatal shooting of John Carthy at Abbeylara * the Garda Siochana Complaints Board and Ombudsman Commission * the European Committee on the Prevention of Torture * judgments from Irish courts * the Ionann Human Rights Audit on the Garda * investigative journalism. Part III offers a critique of the Garda policies and processes that have been and are being taken to address the human rights deficiencies outlined in Part II. This includes an expert analysis of the internal formulation and dissemination of human rights policies and the monitoring of compliance with those policies and human rights standards within the force. In Part IV, the book concludes with a body of broad recommendations on the further actions that are needed to ingrain human rights standards at the heart of all aspects of policing in Ireland.

Download or read book Criminal Law in Ireland written by Sean E. Quinn and published by Sean E. Quinn. This book was released on 2009 with total page 1890 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Crime Punishment and the Search for Order in Ireland written by Shane Kilcommins and published by Institute of Public Administration. This book was released on 2004 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Presumption of Innocence in Irish Criminal Law written by Claire Hamilton (Barrister) and published by Justice in Controversy. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Download or read book Walsh on Criminal Procedure written by and published by . This book was released on 2015-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Walsh on Criminal Procedure is a comprehensive treatment of all aspects of criminal procedure from police powers of investigation right through to post-sentencing processes. The second edition responds to recent developments by offering a comprehensive, expert and accessible analysis of all aspects of Irish criminal procedure. A consistent theme throughout is an emphasis on comprehensive detail and clarity with the needs of both prosecution and defence in mind. New to this Edition * Nine new chapters, including: Basic principles and values; Criminal justice institutions; Jurisdiction; Surveillance; Initiation of criminal proceedings; District Court proceedings and trial; European judicial cooperation in criminal matters; European arrest warrant * Major expansion of the chapter on Sentencing to incorporate the increase in range of: direct sentencing options and requirements; ancillary sentencing options; post-sentencing orders; and forfeiture and confiscation * Major expansion of the chapter on 'Appeals' to include the range of options for the DPP to challenge acquittals * Major expansion of chapters on Garda powers and procedures to include increase in range and substance of Garda powers on: detention; encroaching on right to silence; accessing evidence; retaining print and DNA evidence; and stop and search * Expansion of bail chapter to include: further restrictions; disclosure obligations, and monitoring * Expansion of trial evidence chapter to include developments on: admissibility of witness statements; admissibility of Garda opinion evidence; presumptions; admissibility of electronically recorded evidence; advance disclosure of expert evidence; and disposal of property to be used as evidence * Coverage of investigative and law enforcement powers of a wider range of agencies, including: Revenue Commissioners, Immigration officers, social welfare officers and fisheries officers. * More substantive treatment of relevant jurisprudence from the European Court of Human Rights About the Author Professor Dermot Walsh LLB, PhD, MRIA, Barrister-at-Law is a lecturer at Kent Law School at the University of Kent. He specialises in Policing and Criminal Justice; Criminal Procedure; Human Rights; European Criminal Law and Procedure. He is also the author of Juvenile Justice (Thomson Reuters Round Hall, 2005)

Download or read book Irish Criminal Justice written by Vicky Conway and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish criminal justice system is vast, heavily regulated, and intensely litigated. In the last ten years alone, there has been a plethora of new legislation introduced, significantly impacting on the operation of the system. Within the criminal process, fundamental human rights and core interests of the community and society as a whole come into sharp conflict. As an area of study, criminal justice and procedure is complex, challenging, and stimulating. This book provides an accessible yet critical analysis of key themes and stages in the Irish criminal process. It begins with an overview of the theoretical framework of the process and then analyzes key issues from initial arrest to sentence and post-sentencing appeals. Controversial questions - such as police powers, the role of the prosecutor, victims' rights, juvenile justice, and miscarriages of justice - are also addressed in a comprehensive and engaging manner. Irish Criminal Justice: Theory, Process and Procedure incorporates up-to-date developments in domestic legislation and case-law, while integrating the latest developments in human rights law, as they affect the area. The book will be essential for all students of criminal justice and procedure, at both undergraduate and postgraduate levels. As a comprehensive account of the Irish criminal process, it will also be a useful resource for practitioners in the area.

Download or read book Police Powers and Citizens Rights written by Layla Skinns and published by Routledge. This book was released on 2019-02-20 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens’ rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.

Download or read book The victim in the Irish criminal process written by Shane Kilcommins and published by Manchester University Press. This book was released on 2018-03-20 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims’ satisfaction in the criminal justice system. The Republic of Ireland has seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this book is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated. The book discusses the historical and theoretical concern for crime victims in the criminal justice system, examins the variety of forms of legal and service provision inclusion, amd concludes by analysing the various needs of victims which continue to be unmet.

Download or read book Criminal Chaos written by Paul O'Mahony and published by . This book was released on 1996 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ireland's crime scene has experienced a drastic disimprovement. The political establishment and state institutions, such as the police, the courts, and the penal system, have failed to rise to the challenge. Unrelenting media focus on the growth of crime and violence in Irish society has helped generate a climate of exaggerated public fear, promoting a 'get tough' political agenda.2This book dicusses the multiple crises in the social and criminal justice system responses to crime and its causes. It provides an in-depth examination of:22* The 'hardline' consensus between politicians, the media and the 'moral majority' resulting in draconian legislation and incursions on traditional civil liberties2* Violent crime2* Drug-related crime2* Sexual offending, including child sexual abuse2* Demoralisation in the suggested structural and policy changes2* Malaise in the Garda Siochana, the Irish national police force, and suggested structural and policy changes22* The 'culture of non-accountability' in Irish public life

Download or read book Crime and Punishment in Twentieth Century Ireland written by Seamus Breathnach and published by Universal-Publishers. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was written as part of a much wider criminological enterprise, designed at creating a real and critical basis for criminological enquiry in Ireland. Properly understood the Criminal Justice System (CJS) is every bit as important to society as the circular flow of money. No government would dream of conducting its business without the advice of an economist or, indeed, providing an econometric model of the economy. Yet when it comes to the CJS, governments take the opposite view and legislate in the dark, hardly reconnoitering for a moment to see what effect proposed legislation will have on the several institutions it invariably affects. Maybe this was okay when those effects could not be calculated. But such is no longer the case. In 1967 a President's Commission on Law Enforcement and the Administration of Justice featured a model of criminal justice entitled "The Challenge of Crime in a Free Society." Incredibly misunderstood and widely neglected, this model marked a breakthrough -- the first step, as it were -- in coming to terms with the multiple agencies that go to make up what has come to be called the Criminal Justice System (CJS). In Volumes 2 and 3 of the present series Seamus Breathnach traces the initial steps necessary to complete the revolution begun by the President's Commission. In doing this he reveals the systematized neglect of the CJS in the Republic of Ireland for years 1950-80. In eight lectures he delineates the Republic's inability to get its act together or to engage the terms or significance of the '67 landmark - an inability that is anchored both in a deep religious resistance to the secular social sciences as well as an exaggerated estimation of the criminal lawyer as social commentator. From this study it appears that the first step for criminologists is to see the CJS as a totality - to see it as a social process clamoring to be rescued from the spokesmen of the discrete agencies that comprise it.

Download or read book Drug Offences in Ireland written by Garnet Orange and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise, practical text, written by one of Ireland's leading criminal barristers, deals with all the key areas of drugs law including sentencing, possession, importation, stop and search, search warrants, entrapment, evidence and defences. New to the second edition: * The chapter on possession has been largely rewritten to take account of changes in the case law since 2010. * The book has been updated to reflect the changes to the law brought about by the Customs Act 2015 and the Communications Regulation (Postal Services) Act 2011. * The chapter on cultivation has been expanded since the first edition. This area of law has become much more significant since 2010. There have been a lot more cases of the grow house category being processed by the courts, although the law itself has not changed significantly. These cases tend to be relevant in the context of sentencing. * The second edition contains the following new chapter: Powers for Investigating Drugs Offences. * The section dealing with adverse inference questioning has been thoroughly rewritten and contextualised it to focus on drugs offences. There have been a number of important decisions from the Irish courts relating to these provisions within the past 10 years (and the author appeared in some of those cases). * The entrapment procedures material has been revised to take account of a number of significant decisions in recent years. * Ch 18 on Defences has been revised in light of the Smyth decision in 2010, which related to the burden on the accused. * Sentencing is one of the most important aspects of drugs law and this material has been brought up to date. Of particular significance is the addition of a section on grow houses and cultivation. New legislation and cases that are dealt with in this edition: * Misuse of Drugs Regulations 2017 * Customs Act 2015 * Communications Regulation (Postal Services) Act 2011 * DPP v Smyth [2010] 3 IR 368 * DPP v JC [2015] IESC 31