Irish Legal System - Handout Four Criminal Cases PDF

IRISH LEGAL SYSTEM Topic Four The Criminal Case The Criminal Case Fundamental Principles All elements of the offence must be established Beyond all reasonable doubt Actus Reus Mens Rea In Melling v O Mathghamna (1962) the Supreme Court outlined that a criminal charge could be identified by 3 e...

IRISH LEGAL SYSTEM Topic Four The Criminal Case The Criminal Case Fundamental Principles All elements of the offence must be established Beyond all reasonable doubt Actus Reus Mens Rea In Melling v O Mathghamna (1962) the Supreme Court outlined that a criminal charge could be identified by 3 elements:- an offence against the public at large, wrongdoing that attracts punishment, requirement of mens rea. S4 Criminal Justice (Theft and Fraud) Act 2001 A person is guilty of theft if he dishonestly appropriates property belonging to another without the consent of the owner and with the intention of depriving the other of it. Presumption of Innocence: Accused is innocent until proven guilty. Example of recent legislation – Criminal Justice (Offences Relating to Information Systems) Act 2017 This Act created new offences relating to – unauthorised access to information systems. The Criminal Case Article 38 of the Constitution “Trial of Offences” Modes of Trial: Summary Trial Trial on Indictment Offences triable either way Example – Assault causing actual bodily harm Criteria for trying an ‘either way’ offence in the District Court The Criminal Case The Prosecution System Not a unified system Investigation – Gardai Prosecution of minor offences - Gardai Prosecution of serious offences – Office of the Director of Public Prosecutions (DPP) Example of unified system – UK – Crown Prosecution Service (CPS) The Criminal Case Summary Prosecution Role of Gardai Garda Siochana Act 2005 (as amended) Other agencies – Environmental Protection Agency, Minister for Agriculture The Criminal Case Summary Prosecution in District Court Summons issued on receipt of complaint Content of summons Summary Trial Standard of Proof and Burden of Proof District Court Judge Legal representation Verdict Sentence The Criminal Case Trial on Indictment Powers of Gardai Right to Silence – Heaney v Ireland (1994) The Caution Exceptions – Criminal Justice Act 2007 Role of Garda Ombudsman The Criminal Case Trial on Indictment DPP – Prosecution of Offences Act 1974 Discretion to Prosecute H v DPP (1994) Eviston v DPP (2002) The decision to prosecute – relevant factors 1. Evidence 2. Public interest DPP Decisions 1.No prosecution 2.Prosecute on indictment 3.Summary disposal 4.Under consideration The Criminal Case Trial on Indictment Decision of DPP is final Reasons Project Guidelines for Prosecutors – published October 2016 The Criminal Case Trial on Indictment Role of the District Court Indictable offences tried summarily Sending indictable offences forward for trial The Book of Evidence Serving the Book of Evidence The Criminal Case Bail Amendment to Article 40.4 Constitution Station bail Court bail Bail Act 1997 Criminal Justice Act 2017 Restrictions on the granting of bail Factors considered by the Court Sureties Payment of bail bond Conditional bail Breach of bail The Criminal Case Trial on Indictment The Indictment Statement of the Offence Particulars of the Offence Arraignment Guilty Plea Change of Plea Effect of guilty plea on sentence Plea bargaining The Criminal Case Trial on Indictment The trial Adversarial nature Role of the victim Charter for the Victims of Crime Criminal Justice (Victims of Crime) Act 2017 The Criminal Case Trial on Indictment Evidence under oath Perjury Importance of oral testimony Written testimony – Affidavit Aims of the Rules of Evidence Hearsay evidence Opinion evidence Sequence of witnesses Right to Silence in Court The Criminal Case Judge and Jury De Burca v Attorney General (1976) Qualifications Ineligible Excused as of right Excused for good reason Disqualified The Criminal Case Judge and Jury Empanelling the Jury Failure to appear Balloting in open court Challenging without cause Challenging for cause DPP v Haugh and Haughey (2000) Swearing in of jurors Oath or affirmation Selection of foreman The Criminal Case Judge and Jury Judge’s directions on legal issues Judge’s direction on verdict Jury deliberations Majority verdicts Sentencing Interference with a Jury trial The Criminal Case The Children’s Court Age of criminal responsibility Jurisdiction Special rules Children charged with adults Children charged with indictable offences The Criminal Case Sentencing Theories of Punishment Retribution General deterrence Individual deterrence Rehabilitation Safe Containment The Criminal Case Sentencing Maximum sentences Mandatory sentences Minimum Sentence Suspended Sentence Fines Role of the Courts Role of the Minister for Justice The Criminal Case Sentencing Conditional discharge Absolute discharge Court poor box payment Community Service Compensation Order Enforcement Order The Criminal Case Criminal Legal Aid Criminal Justice (Legal Aid) Act 1962 State (Healy) v Donoghue (1976) Criteria Assignment of Solicitor/Barrister Fee per case system High earners under the scheme Alternative systems Means testing Legal advice in Garda Station The Criminal Case Additional Reading Keenan, Chapters 3 & 4 Byrne and McCutcheon, Chapters 6 & 7 Additional Notes and Links on Canvas