Garda Powers

Author: Rebecca Coen
Publisher:
ISBN: 9781905536603
Category : Criminal law
Languages : en
Pages : 0

Book Description
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.

Police Powers in Ireland

Author: Garnet Orange
Publisher: Bloomsbury Professional
ISBN: 9781526527547
Category : Law
Languages : en
Pages : 0

Book Description
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.

Criminal Defence Representation at Garda Stations

Author: Vicky Conway
Publisher: Bloomsbury Publishing
ISBN: 1526522675
Category : Law
Languages : en
Pages : 436

Book Description
This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland. This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role. You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored. It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Terrorism, Rights and the Rule of Law

Author: Barry Vaughan
Publisher: Routledge
ISBN: 1134004621
Category : Social Science
Languages : en
Pages : 240

Book Description
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.

Uses and Consequences of a Criminal Conviction

Author: Margaret Fitzgerald O'Reilly
Publisher: Springer
ISBN: 1137596627
Category : Social Science
Languages : en
Pages : 299

Book Description
This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.

Criminal Justice in Ireland

Author: Paul O'Mahony
Publisher: Institute of Public Administration
ISBN: 9781902448718
Category : Law
Languages : en
Pages : 852

Book Description
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.

Crime and Punishment in Twentieth Century Ireland

Author: Seamus Breathnach
Publisher: Universal-Publishers
ISBN: 9781581125498
Category : History
Languages : en
Pages : 232

Book Description
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.

Díosbóireachtaí Párlaiminte

Author: Ireland. Oireachtas. Dáil
Publisher:
ISBN:
Category : Ireland
Languages : en
Pages : 1208

Book Description

Ireland

Author: Wole Akande
Publisher: iUniverse
ISBN: 0595192017
Category : Business & Economics
Languages : en
Pages : 114

Book Description
In this age of globalization with scores of developing countries struggling with poverty and economic deprivation, Ireland’s transition from a stumbling agrarian country into one of the world's most lavishly successful service-sector economies within a decade, is a beacon of hope in a world of despair. Unemployment, which approached 20% in the 80s, is now down to 4%, and the debilitating, centuries-old emigration trend has been reversed. In the most startling development, Ireland is now the world's biggest exporter of computer software, nudging ahead of America. Far from being a nation finally at peace with itself and comfortable with its newfound affluence, the “Celtic Tiger” Ireland seems increasingly fraught with contradictions. This is still the only country in Europe to outlaw abortion, the only country in the world with this ban written into its constitution. As Ireland becomes more affluent, it has struggled with the moral dilemma about how it should receive thousands of migrants forced to flee conditions in their homelands that are strikingly similar to the harsh economic circumstances that provoked decades of Irish emigration. A brilliant piece of commentary, this book looks into Ireland’s dramatic transformation and explores its promise and paradox.

Drug Offences in Ireland

Author: Garnet Orange
Publisher: Bloomsbury Publishing
ISBN: 1526518414
Category : Law
Languages : en
Pages : 203

Book Description
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