Criminal Justice

The Accountability of the Criminal Justice System

Last summer the Government announced that a review panel of barristers was being tasked with reviewing over 200 cases in which Garda misconduct or failures in Garda investigation were being alleged. Recently, the Minister confirmed that the number of cases being reviewed has now risen to 305. Seven barristers (two senior counsel, five junior counsel)(…)

Human Trafficking – Modern Slavery in Ireland

The 14th annual UCC Law Conference takes place on November 19th in the Aula Maxima at University College Cork. This is the only student-run professional law conference in Ireland and it is sponsored by William Fry. This year’s theme is “Human Trafficking – Modern Slavery in Ireland” and the speakers include: – Colm O’Dwyer BL(…)

Sinn Féin, Constitutional Politics and the Rule of Law

Six months ago, Malachi O’Doherty claimed that with his arrest over the murder of Jean McConville, Gerry Adams’ political career was as good as over; “Adams’s southern political ambitions are now dead, whatever happens next”. Just a month later, following European and Local elections that saw Sinn Féin maintain their position in Northern Ireland and(…)

Legal pathways to reproductive justice and abortion rights #repealthe8th

We are delighted to welcome this guest post from Ruth Fletcher, a senior lecturer in Medical Law at Queen Mary, University of London Irish regulation of pregnant choices needs to be changed.   The current situation denies women legal power to opt out of pregnancy for their own reasons.  It also justifies poor legal, social and(…)

On the Difficulties of Rape Exceptions. #repealthe8th

One of the features of the Miss Y case that makes it particularly difficult to bear is that Miss Y, like Miss X all those years ago, was pregnant as a result of rape. According to the Rape Crisis Network Ireland, in 2011 90 women in Ireland became pregnant as a result of rape. We feel(…)

Mavronicola on Trabelsi v Belgium

We are very pleased to welcome this guest post from Dr Natasa Mavronicola, a lecturer in law in Queen’s University Belfast In a judgment in early September, a Chamber of the European Court of Human Rights (‘ECtHR’) found Belgium to have acted in breach of Article 3 of the European Convention on Human Rights (‘ECHR’)(…)

Win Lin v Governor of Cloverhill Prison.

We are pleased to welcome this guest post from Wendy Lyon, who is a trainee solicitor with KOD Lyons, a human rights and criminal law firm. The recent High Court case of Win Lin v Governor of Cloverhill Prison ([2014] IEHC 214) allowed a brief light to shine on the issue of trafficking for forced labour(…)

Presumption of Guilt: Islamic State and UK Criminal Law

Today the UK terrorism threat level has once again been raised to severe, as a result of ‘developments in Syria and Iraq where terrorist groups are planning attacks against the west’. Within hours of the increased threat being announced, David Cameron was on hand (in Downing Street, not in Cornwall) to  ominously declare a “greater(…)

Suicide and the Protection of Life in Pregnancy Act 2013.

Update: I have added notes to this post to take account of what has been published elsewhere since the Independent report quoted below. Reporting of the case has been patchy, and sometimes confused.  See RTE.ie, the Sunday Independent (quoting this piece), the Sunday Times and the Examiner. Dearbhail McDonald of the Irish Independent reported on Saturday on what she(…)

Finding an ECHR-proofed process for the release of life sentence prisoners

We are pleased to welcome this guest post by Diarmuid Griffin, lecturer in Criminal Law and Criminology at NUI Galway. Ireland has always tended to look to England and Wales when considering reform in the criminal justice arena. However, when it comes to the planned legislative reform of the parole of life sentence prisoners, we should(…)

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