Irish Legal System - The Criminal Case

Irish Legal System - The Criminal Case

• All elements of an offence must be proven beyond all reasonable doubt
• Actus Reus and Mens Rea are essential elements for a criminal charge.
• The Supreme Court case, Melling v O Mathghamna (1962), identified three criteria for a criminal charge: an offence against the public, wrongdoing attracting punishment, and the requirement of mens rea.
• The Criminal Justice (Theft and Fraud) Act 2001 defines theft as dishonestly appropriating another person's property without consent, with the intention of depriving them of it.
• The accused is presumed innocent until proven guilty.
• The Criminal Justice (Offences Relating to Information Systems) Act 2007 introduced new offences related to unauthorised access to information systems.
• Article 38 of the Constitution defines modes of trial, including summary trial and trial on indictment, with offences triable in either way.
• Assault causing actual bodily harm is an example of an "either way" offence.
• Criteria for trying an "either-way" offence in the District Court are part of the legal system.
• There is no unified prosecution system in Ireland.
• Investigations are conducted by the Gardai for minor offences and by the Office of the Director of Public Prosecutions (DPP) for serious offences.
• The Garda Siochana Act 2005 (as amended) details the role of Gardai in summary prosecutions.
• Other agencies, such as the Environmental Protection Agency and the Minister for Agriculture, can also undertake prosecutions in certain cases.
• The summary prosecution process in a District Court involves issuing a summons after a complaint and determining the content of said summons.
• The standard of proof and burden of proof apply to summary trials.
• A District Court Judge presides over summary trials, and legal representation is permitted.
• A jury may or may not be implicated.
• The Garda Act defines sentencing and penalties.
• Trial on Indictment involves the DPP's power to prosecute.
• Cases such as H v DPP (1994) and Eviston v DPP (2002) illustrate the discretion of the DPP in prosecuting cases.
• Factors influencing a decision to prosecute include evidence and public interest.
• The DPP's decision is final.
• The Reasons Project details guidelines for prosecutors.
• Indictable offences may be tried summarily at the discretion of the District Court.
• Indictable offences are subject to the sending process for trial.
• The Book of Evidence, which contains all relevant evidence and documents, is sent for the trial.
• Bail processes, amendments to the Constitution, station bail, and court bail are detailed in the Bail Act 1997 and the Criminal Justice Act 2017.
• Restrictions on bail apply.
• Factors considered during a bail hearing include sureties, payment of bonds, conditional bail, and breaches of bail.
• Relevant aspects of a trial on indictment include the indictment, a statement of offence, particulars of the offence, arraignment, a plea of guilty, change of plea processes, sentencing based on guilty pleas and plea bargaining.
• The trial is of an adversarial nature.
• The victim's role during the trial is part of the legal process.
• The Criminal Justice (Victims of Crime) Act 2017 details the Charter for Victims of Crime, outlining the victim's role in the legal process.
• Evidence under oath comprises testimony, affidavits, the Aims of the Rules of Evidence, hearsay evidence, and opinion evidence.
• Proper sequence of witnesses is relevant.
• The right to silence in court is a legal right.
• Judge and Jury matters involve qualifications of jury members, ineligibility, excused members as of right or reason, disqualified members, empanelling jurors, challenges of jurors without cause or for cause, swearing in of jurors, oath/affirmation, the selection of a foreman, and courtroom procedures.
• Judge's directions concerning legal issues, direction on verdict, Jury deliberations, majority verdicts, sentencing, and interference during the trial.

The Children's Court

• This court addresses juvenile cases.
• Age of criminal responsibility is determined by law for children.
• Its jurisdiction covers charges for children.
• Specific, detailed legal rules apply to children.
• Children may be charged with offences alongside adults, and indictable offences.

Sentencing and Punishments

• Sentencing theories, such as retribution, general deterrence, individual deterrence, rehabilitation, and safe containment, are relevant.
• Maximum, mandatory, and minimum sentences are included in the legal system.
• Suspended sentences and fines are legal consequences in some cases.
• The role of the Courts and Courts jurisdiction are pertinent to sentencing.
• The Role of the Minister for Justice is pertinent to sentencing and legal outcomes.
• Sentencing could include conditional discharge, absolute discharge, court poor box payment, community service, compensation orders, and enforcement order.

Criminal Legal Aid

• The Criminal Justice (Legal Aid) Act of 1962 governs this aspect of jurisprudence.
• State (Healy) v Donoghue (1976) establishes criteria for legal aid.
• Assignment of solicitor/barrister, fee per case systems, high earner eligibility waivers, alternative systems, and means testing are elements of the scheme.
• Legal advice within the Garda Stations are also key components of the legal system.

Additional Reading

• Relevant chapters in Keenan and Byrne and McCutcheon are listed for further study.
• Additional notes and links related to the topic are found on Canvas (a digital learning platform).