Trial in due course essay Flashcards
(18 cards)
What article of the Irish Constitution protects fair trial rights?
Article 38.1 – No person shall be tried on any criminal charge except in due course of law.
What did State (Healy) v Donoghue [1976] establish?
Due process includes fair procedures and full opportunity to defend oneself.
What is the presumption of innocence?
The accused is presumed innocent until proven guilty beyond a reasonable doubt.
What key international case supports this principle?
Regina v Oakes (Canada, 1986) – Presumption protects human dignity and liberty.
Which Irish case confirmed the presumption of innocence as a constitutional right?
O’Leary v Attorney General [1995].
Can legislation reverse the burden of proof?
Only the evidential burden may be reversed. Reversing the legal burden violates the Constitution (O’Leary).
Is the right to silence a constitutional right in Ireland?
Yes, confirmed in People (DPP) v Finnerty [2000].
What did Heaney v Ireland [1996] decide about restricting silence?
Restrictions are allowed if proportionate and necessary for public order.
What proportionality test was applied in Rock v Ireland [1998]?
Restriction must:
- Be rationally connected to the objective.
- Impair the right as little as possible.
- Be proportionate overall.
What do Criminal Justice Acts 1984 & 2006 allow regarding silence?
Courts may draw inferences from silence if safeguards are met (e.g., caution, solicitor, video recording).
Can inferences alone justify a conviction?
No – they must be supported by other evidence (John Murray v UK).
What did DPP v Carroll [2021] confirm about jury instructions?
Juries must be properly instructed on how to interpret silence.
What did Heaney v Ireland (ECHR 2001) find about s.52 OASA?
It violated Article 6 by destroying the essence of the right to silence.
What principle did Allan v UK (2003) establish?
Use of undercover informants to circumvent silence protections is unlawful.
How does Curtin (2006) distinguish types of evidence?
Testimonial evidence is protected; physical items (e.g. DNA, documents) are not.
What is ‘double-counting’ in DPP v Cassidy [2021]?
Using the same evidence to support both belief evidence and guilt – disallowed if it leads to unsupported conviction.
What is the takeaway from DPP v Sheehan [2021]?
Inference provisions don’t apply to data unless the object itself requires explanation.
When is the privilege against self-incrimination breached?
When compulsion destroys the accused’s freedom to remain silent (Weh v Austria, Saunders v UK).
