Garda Powers

Garda Powers PDF

Author: Rebecca Coen

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781905536603

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The police force in Ireland - known as the Gardai ("Guardian") - are required to combine technical and legal proficiency in the prevention and detection of crime. Expected to intervene in every kind of emergency, Gardai investigate a diverse array of offenses, combining skills in crowd control, crime scene management, intelligence-gathering, and the collection and analysis of forensic evidence. In order to fulfill their various functions, the Gardai are vested with an extraordinary array of powers - powers which facilitate surveillance; the taking of forensic samples; photographs and fingerprints; stopping, searching, and arresting individuals; as well as searching homes and vehicles. Suspects are detained and questioned, children are taken into emergency care, mentally ill persons are taken into custody. Each situation is not only complicated on a human level, but on a legal level as well, as the powers exercised intersect with constitutional and legal rights to liberty, privacy, bodily integrity, freedom of association, and expression. In England and Wales, the Police and Criminal Evidence Act 1984 is accompanied by extensive PACE Codes of Conduct. There is a core framework of police powers and safeguards - clearly laid out - around stop and search, arrest, detention, investigation, identification, and interviewing detainees. However, in Ireland, an unwieldy array of legislation and case-law must be sifted through to decipher the applicable principles. The pace of legislative change in Irish criminal justice, combined with the practice of amending Acts piecemeal rather than by consolidation, makes identification of the extent and scope of the powers of the Gardai a challenge which is grappled with by Gardai and legal practitioners alike. This book examines Garda powers and the legal issues which arise in their exercise, with an emphasis on the practicalities of policing. The law is distilled to determine the origin of key powers and the pre-requisites and practical aspects of their lawful exercise. The approaches of the courts and police forces of other common-law jurisdictions to particular policing questions are considered. Best practice guidance has been incorporated, grounded in human rights principles and international standards.

Criminal Justice in Ireland

Criminal Justice in Ireland PDF

Author: Paul O'Mahony

Publisher: Institute of Public Administration

Published: 2002

Total Pages: 852

ISBN-13: 9781902448718

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Comprehensive overview of the Irish criminal justice system, its current problems and its vision for the future. Collection of essays by major office-holders, experienced practitioners, leading academics, legal scholars, sociologists, psychologists, philosophers and educationalists.

Crime and Punishment in Twentieth Century Ireland

Crime and Punishment in Twentieth Century Ireland PDF

Author: Seamus Breathnach

Publisher: Universal-Publishers

Published: 2005

Total Pages: 232

ISBN-13: 9781581125498

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This book was written as part of a much wider criminological enterprise, designed at creating a real and critical basis for criminological enquiry in Ireland. Properly understood the Criminal Justice System (CJS) is every bit as important to society as the circular flow of money. No government would dream of conducting its business without the advice of an economist or, indeed, providing an econometric model of the economy. Yet when it comes to the CJS, governments take the opposite view and legislate in the dark, hardly reconnoitering for a moment to see what effect proposed legislation will have on the several institutions it invariably affects. Maybe this was okay when those effects could not be calculated. But such is no longer the case. In 1967 a President's Commission on Law Enforcement and the Administration of Justice featured a model of criminal justice entitled "The Challenge of Crime in a Free Society." Incredibly misunderstood and widely neglected, this model marked a breakthrough -- the first step, as it were -- in coming to terms with the multiple agencies that go to make up what has come to be called the Criminal Justice System (CJS). In Volumes 2 and 3 of the present series Seamus Breathnach traces the initial steps necessary to complete the revolution begun by the President's Commission. In doing this he reveals the systematized neglect of the CJS in the Republic of Ireland for years 1950-80. In eight lectures he delineates the Republic's inability to get its act together or to engage the terms or significance of the '67 landmark - an inability that is anchored both in a deep religious resistance to the secular social sciences as well as an exaggerated estimation of the criminal lawyer as social commentator. From this study it appears that the first step for criminologists is to see the CJS as a totality - to see it as a social process clamoring to be rescued from the spokesmen of the discrete agencies that comprise it.

Police Powers in Ireland

Police Powers in Ireland PDF

Author: Garnet Orange

Publisher: Bloomsbury Professional

Published: 2024-06-13

Total Pages: 0

ISBN-13: 9781526527547

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Police Powers in Ireland covers everything a practitioner needs to know about police powers in the context of the investigation of crime as well as general interactions between the members of An Garda Síochána and the public. The book covers everything a practitioner needs to know about the powers of An Garda Síochána in the context of the investigation of crime as well as interactions with members of the public. The second edition of this book not only provides an analysis of up-to-date case law but commences with the history of the force, their duties and powers. Then it details the importance of human rights (liberty, property rights, privacy, right to silence, rights of detained persons); the interpretation of legislation regarding police powers and the limitation of those powers; the relationship between the police and the public; and arrest and detention. The law on Adverse Inference (i.e. when people fail to answer questions) has changed significantly since the last edition and is dealt with in detail.This book examines the changes which DPP v JC had on the exclusionary rule. The title covers the important case of Damache v DPP (2012) IESC 11 dealing with the competing interests between state and the accused - that case concerned a breach of fair procedures for a guard to issue a search warrant in furtherance of his own investigation.This second edition covers the following key areas:The questioning of suspects;Police powers to enter property and powers to search that property;Stop and search of vehicles;Observation, surveillance and phone-tapping;Evidence (seizure and retention of);Forensic evidence;Visual ID (parades, videos, photos);Entrapment;Trial and remedies (civil proceedings);Garda Ombudsman. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Terrorism, Rights and the Rule of Law

Terrorism, Rights and the Rule of Law PDF

Author: Barry Vaughan

Publisher: Routledge

Published: 2013-05-13

Total Pages: 240

ISBN-13: 1134004621

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The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.

Uses and Consequences of a Criminal Conviction

Uses and Consequences of a Criminal Conviction PDF

Author: Margaret Fitzgerald O'Reilly

Publisher: Springer

Published: 2018-11-23

Total Pages: 300

ISBN-13: 1137596627

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This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.

Criminal Defence Representation at Garda Stations

Criminal Defence Representation at Garda Stations PDF

Author: Vicky Conway

Publisher: Bloomsbury Publishing

Published: 2023-04-17

Total Pages: 436

ISBN-13: 1526522675

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This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland. This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role. You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored. It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Photography and the Law

Photography and the Law PDF

Author: Michael O’Flanagan

Publisher: Routledge

Published: 2018-10-12

Total Pages: 173

ISBN-13: 0429887558

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Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights. Photography and the Law investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU Law. Through an in-depth discussion of the personal rights of the public, including the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between privacy and freedom of expression. Additionally, the book looks at the reconciliation of photographers’ rights with the state’s interest in public security and defence, alongside the enforcement of ethical and moral codes. Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change. The book ends with pertinent suggestions of the necessary reforms and enactments required to rebalance the relationship between the personal rights of individuals, the state’s duties and the protection of photographers’ and photograph publishers’ rights. By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, the book will be a useful tool for any student or academic interested in photography law, privacy and media law, alongside professional and amateur photographers and photograph publishers.

Arthur Cox Employment Law Yearbook 2021

Arthur Cox Employment Law Yearbook 2021 PDF

Author: Arthur Cox Employment Law Group

Publisher: Bloomsbury Publishing

Published: 2022-05-12

Total Pages: 697

ISBN-13: 1526520257

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2015 winner of the Practical Law Book of the Year at the Dublin Solicitors Bar Association Awards This annual publication contains selected cases and materials relevant to Irish employment law practitioners, specifically those from throughout 2021. Their selection is carried out by the experienced lawyers of the Arthur Cox Employment Law Group. This book is also of great use to HR professionals and trade union officials who need to be up to speed with developments in employment law. The title contains analysis and discussions on: - Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal etc; - Irish legislation (including the Workplace Relations Act 2015) and statutory instruments; - English law so far as relevant e.g. common law decisions; - EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; - Data protection and freedom of information developments - Other material such as Annual Reports of the EAT, the Labour Court, the Health & Safety Authority, the activities of NERA as well as decisions listed in other complementary areas of the law, including taxation and pensions. These have all been selected by experienced lawyers in the relevant fields. This title is part of a series that is released yearly, to reflect each year's particular case laws and decisions. This title is included in Bloomsbury Professional's Irish Employment Law online service.

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