The Courts, Crime and the Criminal Law in Ireland, 1692-1760

The Courts, Crime and the Criminal Law in Ireland, 1692-1760
Author: Neal Garnham
Publisher: Legal History
Total Pages: 328
Release: 1996
Genre: History
ISBN:

This book provides an overview of the entire process of criminal justice in Ireland, during the period. An examination of the criminal law and its implementation is followed by a study of the procedures and personnel of the courts. Judges and magistrates are considered along with village constables and their charges. There is also an analysis of crime as recorded by the courts. Offences of theft, murder, rape and riot are taken alongside pilfering and petty assaults. Finally the work examines the ways in which the legal system actually functioned and the role of the law in Irish society. Fundamental questions are asked and answered concerning the status of the law and the ways in which it was perceived by the people. This book offers new insight into the workings of eighteenth-century society. In doing so it challenges many of the preconceptions held by historians and the public alike.

Criminal Law in Ireland

Criminal Law in Ireland
Author: Liz Campbell
Publisher:
Total Pages: 0
Release: 2010
Genre: Criminal law
ISBN: 9781905536252

Criminal Law: Cases and Commentary is designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland.

Layman's Guide to Irish Law

Layman's Guide to Irish Law
Author: Teresa Clyne
Publisher: Createspace Independent Publishing Platform
Total Pages: 142
Release: 2016-03-01
Genre:
ISBN: 9781530326501

Legal writing in plain English. Law guidebooks using plain English which is easy to understand using clear concise plain wording. Welcome to my series of law guidebooks for beginners.Criminal LawA crime is defined in law in Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:* Summary offences* Indictable offences* Minor offences* Serious offences* Arrestable offencesThere are two ways criminal offences can be tried in Irish law:* In the lower court (District Court) before a judge without a jury (summary).* In the higher courts (Circuit Criminal Court, Central Criminal Court) before a judge and jury (indictable).Actus Reus Mens Rea Intention What is Criminal Law? Article 40 of the constitution of IrelandSummary and indictable offences Minor and non-minor offencesSerious and non-serious offencesArrestable and non-arrestable offencesAccomplice to CrimePrincipal in CrimeAccessory after the FactDifferences between Crimes and TortsInchoate OffencesIncitementConspiracy AttemptPublic order offences in IrelandIntoxication (being drunk) in a public placeDisorderly conduct in a public placeThreatening, abusive or insulting behaviour in a public placeBegging in an intimidating or threatening manner Distribution or display in a public place of material which is threatening, abusive, insulting or obscene Failure to comply with the direction of a member of An Garda SiochanaWilful obstructionEntering a building, etc, with intent to commit an offenceTrespass on a building, etcRiot Violent disorderAffrayBlackmail, extortion and demanding money with menaces Assault with intent to cause bodily harm or commit an indictable offenceAssault or obstruction of a peace officerAttacks on emergency service personnelIndictable offences:Summary offences:The Prosecution of CrimeDistrict Court Summons ProcedureThe Validity of the SummonsTime Limits for the Issuing of A SummonsIndictable Offences Time LimitsCharge Sheet ProcedureRight to Silence and against Self-incriminationBailArrestsArrest without a warrantEntry and search of a premises to carry out an arrestManner of Arrest Search of the Arrested PersonProcedure after ArrestImmunity from ArrestAn arrestable offence under the Criminal Law Act 1997Section 30 of the Offences Against The State Act 1939Periods of Detention:Section 30 of the Offences Against the State Act 1939Section 4 of the Criminal Justice Act 1984Section 2 of the Drug Trafficking Act 1996Drug offencesCustoms National Drug TeamPossession of any other controlled drugsGrowing cannabis plants or opium poppiesRegulations regarding opiumPossession of controlled drugs for sale or supply Use of premises, vehicles or vessels for certain activitiesForged or fraudulently altered prescriptionsAttempting or helping others to commit an offence Court-ordered drug treatmentThe Definition of HomicideVoluntary Manslaughter:Section 4 of the Criminal Justice Act, 1964, which provides:A life sentence is mandatory for murderCapital PunishmentDeath Penalty FactsManslaughter and ProvocationFatal Assault ManslaughterCriminal NegligenceDuty to ActAct or OmissionEuthanasiaNon-voluntary EuthanasiaTheft, Burglary, Aggravated Burglary and Robbery Section 4 of the Criminal Justice Act 2001 Actus Reus and Mens Rea of theft Theft, robbery and burglary. Aggravated burglary s. 13 the Criminal Justice Act 2001 Penalty s. 13(3) the Criminal Justice Act 2001 Section 14 Criminal Justice Act 2001The defence of IntoxicationIntoxication by DrugsThe Burden of ProofDefence of MistakeDefence of InsanityFit or unfit to be triedNot guilty by reason of insanityDiminished responsibility in murder casesConstrained ChoiceDefence of Necessity

The Presumption of Innocence in Irish Criminal Law

The Presumption of Innocence in Irish Criminal Law
Author: Claire Hamilton (Barrister)
Publisher: Justice in Controversy
Total Pages: 276
Release: 2007
Genre: History
ISBN:

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.

Irish Land Law

Irish Land Law
Author: Amina Adanan
Publisher:
Total Pages: 424
Release: 2020
Genre: Land tenure
ISBN: 9780414080355