Fair Trial / Due Process Flashcards
(16 cards)
What article of the Irish Constitution protects due process?
Article 38.1 – No one shall be tried on a criminal charge save in due course of law.
What did State (Healy) v Donoghue [1976] establish?
That ‘due course of law’ demands fair procedures and full opportunity to defend.
What is the standard of proof in criminal trials?
Guilt beyond a reasonable doubt.
Which case confirmed the presumption of innocence as constitutionally protected?
O’Leary v Attorney General [1995].
Can the legislature shift the burden of proof to the accused?
Only the evidential burden may be shifted; the legal burden cannot (O’Leary v AG).
Is the right to silence a constitutional right?
Yes – affirmed in DPP v Finnerty [2000].
What did Heaney v Ireland [1996] say about the right to silence?
It is not absolute; it may be restricted if proportionate to State interests.
What case upheld inference drawing provisions if safeguards are followed?
Rock v Ireland [1998].
What does the Criminal Justice Act 2006 say about silence?
Inferences may be drawn if procedural safeguards (e.g., caution, solicitor, recording) are in place.
Can silence alone justify a conviction?
No – inferences cannot be the sole or main basis for conviction.
What happens if the jury is not properly instructed about inferences?
The conviction may be overturned (DPP v Carroll [2021]).
Are bodily samples protected by the privilege against self-incrimination?
No – physical evidence like DNA is not protected (Curtin [2006]).
What case confirmed a right to legal advice before interrogation?
DPP v Gormley & White.
What did the ECtHR rule in Heaney & McGuinness v Ireland (2001)?
That s.52 OASA violated Article 6 by destroying the essence of the right to silence.
What principle was laid down in John Murray v UK?
Adverse inferences are acceptable but cannot form the sole or main basis for conviction.
What did Allan v UK decide about using prison informants?
It violated the right to silence—informal interrogation without safeguards.
