Criminal Law and Practice Review: 2014

Criminal Law and Practice Review: 2014

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Overview

The Criminal Law & Practice Review (formerly Criminal Law & Procedure Review) is a new book from Clarus Press in collaboration with the School of Law at Trinity College, Dublin. Originally based on the Criminal Law Update Conference held annually at Trinity College, the Review includes article versions of the papers presented at the conference, along with new articles and notes on recent developments in substantive and procedural criminal law in Ireland. The book will be of great interest to all criminal lawyers - including practitioners, academics, and students - as well as those interested in criminology, victimology, policing, evidence, and other related criminal law topics. Contents include: ** (Feature Articles) The Proposed Court of Appeal * Victims of Crime with Disabilities in Ireland * Sentencing White-Collar Crime Problems and Principles * Improperly Obtained Evidence, Silence, and Legal Advice: Ongoing Change in Seemingly Settled Situations? * Ireland's Proposed DNA Framework * Addressing Uncertainty in the Defenses of Self-Defense, Diminished Responsibility, and Provocation * Legislative Developments in Criminal Law and Procedure ** (Case and Commentary) Vague Offenses and the High Court * The Statutory Retention of Fingerprints.

Product Details

ISBN-13: 9781905536672
Publisher: Clarus Press Ltd.
Publication date: 06/25/2014
Pages: 166
Product dimensions: 6.10(w) x 9.10(h) x 0.60(d)

Table of Contents

Articles

Improperly Obtained Evidence, Silence and Legal Advice: Ongoing Change in Seemingly Settled Situations? Yvonne Marie Daly

Introduction 1

Improperly Obtained Evidence: Search Warrants, Decision-Making and Independence 1

Improperly Obtained Evidence: Errors on the Face of the Warrant 5

The Pre-Trial Right to Silence 9

The Right to Pre-Trial Legal Advice 12

EU Directive on the Right of Access to a Lawyer in Criminal Proceedings 16

Conclusion 19

Addressing Uncertainty in the Defences of Self-Defence, Diminished Responsibility and Provocation David Prendergast 21

Introduction 21

Self-Defence 21

Defensive Force in Fatal and Non-Fatal Contexts 21

The Case of DPP v O'Sullivan (2013) 25

Confusion and Uncertainty in the Test for Self-Defence 27

Diminished Responsibility 29

Overview of Diminished Responsibility 29

The Case of DPP v Tomkins (2012) 29

Uncertainty in the Defence of Diminished Responsibility 30

Provocation 31

Overview of Provocation 31

Tightening the Provocation Defence 31

Conclusion: Addressing Uncertainty 33

Why Uncertainty is a Problem 33

Codification and the Second Best Solution 34

Sentencing White-Collar Crime: Problems and Principles Tom O'Malley 35

Moral Ambiguity 37

Legal Ambiguity 38

Previous Good Character and Absence of Previous Convictions 39

The Iceberg Effect 41

The Choice of Sanction 42

Legislative Developments in Criminal Law and Procedure Ivana Bacik 45

Introduction 45

Legislation Introducing Procedural Changes 46

Criminal Justice Act 2021 46

Criminal Justice (Search Warrants) Act 2012 47

Courts and Civil Law (Miscellaneous Provisions) Act 2013 48

Criminal Justice Act 2013 48

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 49

Legislation on Substantive Criminal Law 50

Criminal Law (Defence and the Dwelling) Act 2011 50

Criminal Justice (Female Genital Mutilation) Act 2012 50

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 51

Legislation on Sentencing 52

Fines Act 2010 and Fines (Payment and Recovery) Bill 2013 52

Criminal Justice (Community Service) (Amendment) Act 2011 53

Criminal Justice (Spent Convictions) Bill 2012 53

Criminal Justice (Community Sanctions) Bill 2014 54

Conclusion 54

Ireland's Proposed DNA Framework David O'Dwyer 57

Introduction 57

Criminal Justice (Forensic Evidence and DNA Database) Bill 2013-Overview 58

DNA Collection 59

Suspects 59

Volunteers 64

Mass Screens 66

Convicted Offenders 70

Elimination Sampling 73

DNA Retention 75

Indexes 77

DNA Profile 77

DNA Sample 83

Purpose of the Database 85

International Cooperation 87

Governance 91

Custodianship, Access and Accountability of the DNA Database System 91

Oversight 92

Regulations, Codes of Best Practice and Protocols 93

Penalties and Deterrents 96

Review 97

Commentary 97

Conclusion 102

Victims of Crime With Disabilities in Ireland Shane Kilcommins 107

Introduction 107

The Re-emergence of the Victim as a Stakeholder in the Irish Criminal Process 109

The More Marginal Status of Victims of Crime with Disabilities 113

A Politics of Neglect at a Policy Level 114

An Over Emphasis on Adversarialism and its Morphology of Combat and Contest 118

Under and Over Protection 123

Conclusion 127

The Proposed Court of Appeal Hilary Bichler 129

Introduction 129

Summary of Constitutional Changes 130

Timeframe for Setting up Court of Appeal 130

Composition of Court of Appeal 131

The Role of Appellate Courts 132 The Leave Requirement to Appeal from the Court of Appeal to the Supreme Court 133 The "Leapfrog" Test for Leave to Appeal from High Court to Supreme Court 136

Reasons for Refusing Leave 137 Existing Schemes for Seeking Leave to Appeal to the Supreme Court in this Jurisdiction 138

The Differences between Existing Schemes and what is Proposed 140

Will the New Test Achieve the Correct Balance? 141

Conclusions 142

Cases and Commentary

The Statutory Retention of Fingerprints Liz Heffernan 143

Introduction 143

The Right to Privacy and Fingerprint Data 143

The Retention of Fingerprints under the Criminal Justice Act 1984 145

Conclusion 147

Clifford V Dpp Sean Ó Toghda 149

Public Order Charge Contrary to Section 6 of the Criminal Justice (Public Order) Act 1994 149

Failure to Appear in Court Charge Contrary to Section 13 of the Criminal Justice Act 1984 151

Vague Offences and the High Court David Prendergast 153

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