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McFarlane v Director of Public Prosecutions [2008] IESC 7; [2008] 2 I.R. 117 is an Irish Supreme Court case in which the Court ruled that the right to a fair trial under both Article 38.1 of the Constitution and Article 6(1) of the European Convention on Human Rights does not preclude prosecution in cases of prosecutorial delay unless the accused can demonstrate either that some specific ...
All judges in Ireland are full-time and appointed from legally qualified and experienced solicitors and barristers. There are neither lay magistrates nor elected judges. The Criminal Justice Act 2006 established a Criminal Law Codification Advisory Committee to advise and report on codification of Irish criminal law.
This act updated and streamlined the criminal law of Great Britain and Ireland. It outlawed many forms of practices including 'buggery' or male-to-male penetrative sex. The punishment was life imprisonment or a jail sentence of not less than 10 years. It abolished the death penalty for such acts, which had been law up to this point. [1]
Provisions of Part III of the Industrial Relations Act are invalid considering the provisions of Article 15.2.1 of the Constitution of Ireland. John Gilligan v Ireland & Others [2013] IESC 45; [2013] 2 IR 745; [2014] ILRM 153 Section 13 of the Criminal Law Act 1976 allows judges to apply the principle of proportionality in sentencing.
Bills to repeal the act were introduced regularly by Irish nationalist MPs. [13] In 1907, Michael Hogan proposed a motion in the Commons that, "in the opinion of this House, the presence of the Criminal Law and Procedure (Ireland) Act on the Statute Book is a gross violation of the Constitution, without parallel in any other portion of His Majesty's dominions, and that the Act should be ...
In Ireland, human trafficking offences are governed by the Criminal Law (Human Trafficking) Act 2008 and the Criminal Law (Human Trafficking) (Amendment) Act 2013. [13] The 2008 act states that: [14] (1) A person who trafficks a child for the purposes of the exploitation of the child shall be guilty of an offence. (2) A person who -
The Criminal Law (Defence and the Dwelling) Act 2011 is an act of the Oireachtas which clarifies the law around self-defence in the home after the case around the death of John Ward. [3] [4] The act explicitly enshrines the castle doctrine into Irish law. [5] It was first used as a defence in 2018. [6]
The Criminal Law (Sexual Offences) Act 2006 is an Act of the Oireachtas (Irish parliament) which was passed in response to the Supreme Court decision in CC v. Ireland [2006] IESC 33 which struck down as unconstitutional a seventy-year-old provision on statutory rape. The Act provides for a defence of honest mistake where, if a defendant can ...