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Author: Rebecca Coen
Publisher:
ISBN: 9781905536603
Category : Criminal law
Languages : en
Pages : 0
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Book Description
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.
Author: Rebecca Coen
Publisher:
ISBN: 9781905536603
Category : Criminal law
Languages : en
Pages : 0
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Book Description
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.
Author: Garnet Orange
Publisher: Bloomsbury Professional
ISBN: 9781526527547
Category : Law
Languages : en
Pages : 0
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Book Description
Police Powers in Ireland covers everything you need 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. This book examines the legal issues that arise, with an emphasis on the practicalities of policing.Alongside an analysis of up-to-date case law, this book traces the history of the force, its duties and powers, and details the importance of human rights.The Second Edition covers:- The significant changes to the law on drawing adverse inferences- The changes which DPP v JC had on the exclusionary rule- Damache v DPP, dealing with the competing interests between state and the accused- Observation, surveillance and phone-tapping- Visual ID (parades, videos, photos)This is a must-have guide to the duties, powers and history of An Garda Síochána for criminal practitioners, judges and academics; a necessity in any criminal lawyer's briefcase. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Author: Paul O'Mahony
Publisher: Institute of Public Administration
ISBN: 9781902448718
Category : Law
Languages : en
Pages : 852
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Book Description
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.
Author: Dermot Walsh
Publisher:
ISBN: 9781905536207
Category : Human rights
Languages : en
Pages : 0
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Book Description
This book assesses the powers, practices, and processes of Garda (Ireland's police force) for compliance with international best practice in human rights standards. It offers a unique critique of the law, policy, and practice on policing in Ireland from a human rights perspective. The book is divided into four sections, with Part I examining human rights and policing in general. It offers a detailed and comprehensive account of human rights standards applicable to key aspects of policing, such as: arrest * detention * interrogation * the right of access to legal advice and medical treatment * the taking bodily samples * stop and question/search * entry, search, and seizure * surveillance * the use of informers * the improper use of intelligence * public order * the use of force * the treatment of victims * the treatment of ethnic minorities * complaints * internal discipline * accountability to the law * governance and democratic accountability * gender and diversity in the composition of the police organization * the rights of police officers with respect to trade union membership, political activity, and disciplinary procedures. The human rights standards on each of these aspects are extracted from international sources, such as: the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the Council of Europe's Code of Police Ethics, the reports of the Council of Europe's Committee on the Prevention of Torture, the jurisprudence of the European Court of Human Rights, and examples of best practice from other jurisdictions. This is supplemented by an account of relevant Irish human rights standards as extracted from Ireland's Constitution, the common law, and legislation. On each of these key aspects of policing, attention is drawn to how and where Irish law falls short of international best practice and what is needed to remedy the deficiencies. Part II offers a structured and comprehensive account of the human rights concerns that have affected policing in Ireland over the past decade or so. It gives an overview of the human rights failings that have been revealed by sources, such as: the Morris Tribunal of Inquiry into events in Donegal * the Barr Tribunal into the fatal shooting of John Carthy at Abbeylara * the Garda Siochana Complaints Board and Ombudsman Commission * the European Committee on the Prevention of Torture * judgments from Irish courts * the Ionann Human Rights Audit on the Garda * investigative journalism. Part III offers a critique of the Garda policies and processes that have been and are being taken to address the human rights deficiencies outlined in Part II. This includes an expert analysis of the internal formulation and dissemination of human rights policies and the monitoring of compliance with those policies and human rights standards within the force. In Part IV, the book concludes with a body of broad recommendations on the further actions that are needed to ingrain human rights standards at the heart of all aspects of policing in Ireland.
Author: Seamus Breathnach
Publisher: Universal-Publishers
ISBN: 9781581125498
Category : History
Languages : en
Pages : 232
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Book Description
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.
Author: Margaret Fitzgerald O'Reilly
Publisher: Springer
ISBN: 1137596627
Category : Social Science
Languages : en
Pages : 299
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Book Description
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.
Author: Barry Vaughan
Publisher: Willan
ISBN: 1134004559
Category : Social Science
Languages : en
Pages : 239
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Book Description
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.
Author: Martin Ridge
Publisher: Gill Books
ISBN: 9780717143979
Category : Family & Relationships
Languages : en
Pages : 216
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Book Description
One Parish. Two Abusers. Over 50 Victims.
Author: Liz Campbell
Publisher: Bloomsbury Publishing
ISBN: 1782250794
Category : Law
Languages : en
Pages : 248
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Book Description
Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.
Author: Ireland. Oireachtas. Dáil
Publisher:
ISBN:
Category : Ireland
Languages : en
Pages : 1208
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Book Description
