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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: 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: Rebecca Coen
Publisher:
ISBN: 9781905536573
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: 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: Layla Skinns
Publisher: Routledge
ISBN: 1136170847
Category : Social Science
Languages : en
Pages : 233
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Book Description
Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens’ rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.
Author: Vicky Conway
Publisher: Routledge
ISBN: 1135089558
Category : Social Science
Languages : en
Pages : 280
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Book Description
The twentieth century was a time of rapid social change in Ireland: from colonial rule to independence, civil war and later the Troubles; from poverty to globalisation and the Celtic Tiger; and from the rise to the fall of the Catholic Church. Policing in Ireland has been shaped by all of these changes. This book critically evaluates the creation of the new police force, an Garda Síochána, in the 1920s and analyses how this institution was influenced by and responded to these substantial changes. Beginning with an overview of policing in pre-independence Ireland, this book chronologically charts the history of policing in Ireland. It presents data from oral history interviews with retired gardaí who served between the 1950s and 1990s, giving unique insight into the experience of policing Ireland, the first study of its kind in Ireland. Particular attention is paid to the difficulties of transition, the early encounters with the IRA, the policing of the Blueshirts, the world wars, gangs in Dublin and the growth of drugs and crime. Particularly noteworthy is the analysis of policing the Troubles and the immense difficulties that generated. This book is essential reading for those interested in policing or Irish history, but is equally important for those concerned with the legacy of colonialism and transition.
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: Caroline Fennell
Publisher: Bloomsbury Publishing
ISBN: 1526504928
Category : Law
Languages : en
Pages : 942
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Book Description
The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.
Author: Jim Herlihy
Publisher: Open Air
ISBN: 9781846826153
Category : Ireland
Languages : en
Pages : 0
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Book Description
This new, revised and expanded edition brings back into print an excellent resource for those interested in the history of the RIC and the revolutionary period generally. In the period 1816 to 1922 some 85,000 men served in the RIC and its predecessor forces. Information on all these policemen is available, constituting a quarry for their descendants in Ireland, the US and elsewhere. The book consists of chapters on the history of policing in Ireland (to illustrate the type of men in the Force, their background and their lifestyle etc.), followed by a section on 'Tracing your ancestors in the RIC'. New appendices to this edition identify members of the RIC who were rewarded for their service during the Young Ireland Rising, 1848; the Fenian Rising, 1867; the Easter Rising, 1916; and the War of Independence, 1919-21. Also members of the RIC who volunteered for service in the Mounted Staff Corps and the Commissariat during the Crimean War; members who served as drivers and orderlies on secondment to the Irish Hospital in the South African War in 1900; and members who served in the British Army in the First World War are identified. RIC recipients of the King George V, Coronation (Police) Medal, 1911; the Constabulary Medal; and the Kings Police Medal are listed, as are ex-RIC men who transferred to the Royal Ulster Constabulary in 1922 and received additional bravery medals. [Subject: 19th Century History, 20th Century History, Policing, Genealogy & Archives, Ireland]
Author: Galen Broeker
Publisher: Routledge
ISBN: 131738153X
Category : History
Languages : en
Pages : 262
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Book Description
In this book which was first published in 1970, author Galen Broeker traces the events of a crucial period in the struggle of the British government to bring law and order to rural Ireland. He demonstrates that throughout the forty years following the union a major challenge to government in Ireland was the sporadic violence that seemed endemic to the rural south and west. Organizations of Irish peasants terrorized the countryside in protest against a political and economic system that seemed to threaten their very existence. The formation in 1814 of the Peace Preservation Force is examined. This was the first in a long series of experiments aimed at an efficient and impartial system of law enforcement. This title will be of interest to student of history and criminology.
Author: John McGarry
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 172
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Book Description
Police reform, one of the most hotly debated issues in Northern Ireland, is at the heart of the Good Friday Agreement. This timely and dispassionate book examines the status quo and puts forward reasoned proposals to help create representative, impartial, decentralised, demilitarised and democratically accountable policing services - proposals which respect the identities and ideas of unionists, nationalists and others.
