Criminal Justice

Legal professionals as ‘bloodhounds’ for white-collar criminality

We are pleased to welcome this guest post by Dr Joe McGrath, NUI Galway. A part of the prosecution against some former executives at Anglo Irish Bank, ostensibly initiated by a Garda raid on that bank’s headquarters in February of 2009, has now collapsed over five years later. The Court has directed that the jury(…)

Garda Taping of Telephone Calls: A Worst-Case Scenario Consideration

It has come to light in the course of recent days that there has been a practice in a “large number” of garda (police) stations allowing for the recording of telephone calls, both incoming to and outgoing from the station. Information is emerging in a piecemeal fashion but it seems that this may have been(…)

What would a police authority/board do?

In the midst of the ongoing row about the withdrawal of comments, it is being reported today that the Cabinet may discuss the idea of a police board or authority at their meeting tomorrow. This idea is not a new one. Fine Gael and Labour made such a suggestion in 2006, as did the ICCL.(…)

Taxes, juries and emergency powers: Murphy v Ireland

In a resolutely formalistic judgment, the Supreme Court yesterday rejected a constitutional challenge to the hearing of “ordinary” cases in the Special Criminal Court. Thomas Murphy had been charged with failing to make his tax returns — an indictable offence that is tried usually in the “ordinary courts” —  but the DPP certified that such courts are “inadequate to secure the effective(…)

What the Dogs in the Street Know: On the Runs and Hanging Peter Hain Out to Dry

“In Northern Ireland”, Peter Hain opined in his autobiography Outside In (pictured left), there is “always a crisis around the corner” (p.323). There is more of a feel of truth than truism to the statement, especially as the on-the-runs scandal dominated recent headlines (before being eclipsed by developments in the Crimea). I’d be surprised if a(…)

The constitutional right to legal advice after arrest

The constitutional right to legal advice after arrest

Yesterday the Supreme Court quashed Raymond Gormley’s conviction for attempted rape, due to the absence of legal advice prior to Garda questioning of him. The critical issue before the Supreme Court in People (DPP) v Gormley and People (DPP) v White was whether an arrested person is entitled to legal advice prior to the commencement of(…)

Dirty Assets: Emerging Issues in the Regulation of Criminal and Terrorist Assets

Increasing concerns surrounding organised crime, terrorism and corruption have given rise to a realisation that conventional policing methods are insufficient on their own to deter, or disrupt, those engaged in criminal activities. One consequence of this has been an increasing focus on the financial assets that stem from criminal activities. This is unsurprising given the(…)

Sexual Offences, Capacity and Disability – A Call for Rights-Based Law Reform

Sexual Offences, Capacity and Disability – A Call for Rights-Based Law Reform

This post is inspired by the excellent RTE 1 documentary ‘Somebody to Love’ which aired last night and provided a sensitive and thought-provoking exploration of disability, relationships and sexuality. If you haven’t already watched the programme you can catch it on the RTE player here. At several points during the programme the participants mentioned the(…)

Surveillance of the Garda Síochána Ombudsman Commission

Two days ago John Mooney in The Sunday Times reported allegations that last year the office of the Garda Síochána Ombudsman Commission (GSOC) had been bugged. Specifically, the allegations stated that during a security sweep conducted by an English security firm a physical surveillance device had been found and that the Office’s WiFi had been compromised.(…)

Martin Corey’s Release: The Sound of Silence?

“Political Prisoner” is a term to conjure with, a term that demands headlines. But woe to the campaign which tries to exploit this term’s unique resonance where the media finds the cause in question unfashionable. Martin Corey (pictured, left) was this week released after nearly four years in which he was detained in Maghaberry prison(…)

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