Liberty

Question 1

OVERVIEW

Answer 1

• Liberty refers to a fundamental constitutional right ENSH•RINED in Article 40.4.1, which states that NO PERSONAL MAY BE DEPRIVED OF LIBERTY “save in accordance with law”;
• This right interacts directly with the BAIL SYSTEM & the PRESUMPTION OF INNOCENCE;
• The Cons CREATES A STRONG PRESUMPTION IN FAVOUR OF LIBERTY (Oireachtas cannot simply remove this right from someone without a plausible legal reason to do so);

+ PEOPLE (AG) v. O’CALLAHAN =
- SC established that it would be CONTRARY to the concept of personal liberty to arrest someone for MATTERS which they have not been convicted of or to DEPRIVE them from liberty based merely on the BELIEF that they might commit FUTURE OFFENCES;

• Only exceptions are extraordinary circumstances.

Question 2

DEPRIVATION OF LIBERTY IN ACCORDANCE WITH LAW - NUMBER 1

Answer 2

1) Arrest!

• Arrest refers to the SEIZURE and DETENTION of an individual with the lawful intention of charging them with an offence and bringing them before a court;
• However, for an arrest to be deemed lawful: (I.S.F!)

• The individual must be aware and INFORMED of the reason for their arrest (+ DPP v. WALSH)

• There must be REASONABLE SUSPICION of that individual having committed a crime (+ STATE FOR TRIMBOLE v. GOVERNOR OF MOUNTJOY PRISON);

• Only REASONABLE FORCE USED (+ DPP v. CULLEN), use of unreasonable force will RENDER the arrest unlawful.

• If these key requirements are not adequately met, the arrest will be deemed UNLAWFUL.

Question 3

DEPRIVATION OF LIBERTY IN ACCORDANCE WITH LAW - NUMBER ONE

Answer 3

1) ARREST !!!

• Arrest constitutes the SEIZURE & DETENTION of a person for a purpose of CHARGING them with an offense and bringing them before a COURT.
• For an arrest to be lawful… I.S.F!

• Person must be INFORMED of the reason for their arrest (+ DPP v. WALSH);
• There must be a REASONABLE SUSPICION of having committed a CRIME (+ State Trimbole v. Governor of Mountjoy Prison);
• Only REASONABLE FORCE may be used (+ DPP v. CULLEN).

Question 4

DEPRIVATION OF LIBERTY IN ACCORDANCE WITH LAW - NUMBER 2

Answer 4

2) Detention & Custody!

• There are various Statutes which AUTHORITY DETENTION for QUESTIONING without a SPECIFIC TIME LIMIT!!!

• Criminal Justice Act 1984, Section 4 = allows detention for a total of 6 hours (extendable to 24 hrs) for SUSPECTED OFFENCES carrying a 5 YEAR SENTENCE;

• Offences Against the State = allows for detention up to 72 HOURS with the DISTRICT COURT OF APPEAL.

Question 5

DEPRIVATION OF LIBERTY IN ACCORDANCE WITH LAW - Number 3

Answer 5

3) Public Health & Therapeutic Detention! … 6 points.

• The HEALTH ACT permits the CIVIL detention of individuals who have INFECTIOUS DISEASES who POSE a public health risk;
• Courts have established that said detention must: (p.o.r)

• Support an important PUBLIC INTEREST OBJECTIVE;
• BE OF AN ESSENTIALLY PARENTAL CHARACTER;
• RESPECT Const rights as much as possible.

• When it comes to a “therapeutic detention, key requirements include;:

• The NECESSITY must be OBJECTIVELY JUSTIFIED;
• There must be SAFEGUARDS for REVIEWING ONGOING DETENTION;
• The detention must be for therapeutic purposes.