The Presumption of Innocence in Irish Criminal Law: 'whittling the Golden Thread'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. |
Contents
The Presumption of Innocence | 1 |
Judicial Exceptions to the Presumption of Innocence | 36 |
Related Rights | 61 |
Copyright | |
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The Presumption of Innocence in Irish Criminal Law: 'whittling the Golden ... Claire Hamilton (Barrister) No preview available - 2007 |
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accused person accused's acquittal anti-social behaviour orders appeal application argued argument Article 6(2 ASBO Ashworth breach burden of proof Chapter charge civil Cloverhill Cloverhill Prison committed common law concerned constitutional control orders conviction Crim LR Criminal Justice Act criminal justice system criminal law criminal offence criminal proceedings criminal trial custody Dáil debates decision defendant detainees detention Dublin due process ECHR effect EHRR evidence evidential burden fact further Garda Garda Síochána guilty plea High Court House of Lords Human Rights Ibid insanity Ireland Irish criminal Irish law issue jury legal burden legislation liberty mens rea noted plea bargaining plead guilty police pre-trial presumed innocent presumption of innocence principle Proceeds of Crime prosecution protection prove provisions Public Order punishment question reasonable doubt recent relation remand prisoners reverse onus right to silence rule sentencing discount Special Criminal Court standard of proof Supreme Court suspect terrorism terrorist Woolmington