Fully revised and updated edition, with a greater focus on standard university criminal law syllabi. All major changes to criminal law up to the end of 2013 are discussed, including: New Legislation Covered in Detail Criminal Law (Sexual Offences) Act 2006 Criminal Law (Insanity) Act 2006 Criminal Law (Sexual Offences) (Amendment) Act 2007 Criminal Law (Insanity) Act 2010 Criminal Law (Defence and the Dwelling) Act 2011 Criminal Justice (Public Order) Act 2011 Protection of Life During Pregnancy Act 2013 New Legislation, individual provisions of which will becovered Criminal Justice Act 2006 Criminal Justice Act 2007 Criminal Justice (Human Trafficking) Act 2008 Criminal Justice (Amendment) Act 2009 Criminal Procedure Act 2010 Criminal Justice Act 2011 Criminal Justice (Female Genital Mutilation) Act 2012 Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Adults) Act 2012 Criminal Law (Human Trafficking) (Amendment) Act 2013 Law Reform Commission Papers Report on Homicide: Murder and Involuntary Manslaughter (LRC 87-2008) Report on Defences in Criminal Law (LRC 95-2009) Report on Inchoate Offences (LRC 99-2010) Consultation Paper on Sexual Offences and Capacity to Consent (LRC CP 63-2011) Written For: Law students Legal professional entry exams Social care and social science courses "
Legal writing in plain English. Law guidebooks using plain English which is easy to understand using clear concise plain wording. Welcome to my series of law guidebooks for beginners.Criminal LawA crime is defined in law in Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:* Summary offences* Indictable offences* Minor offences* Serious offences* Arrestable offencesThere are two ways criminal offences can be tried in Irish law:* In the lower court (District Court) before a judge without a jury (summary).* In the higher courts (Circuit Criminal Court, Central Criminal Court) before a judge and jury (indictable).Actus Reus Mens Rea Intention What is Criminal Law? Article 40 of the constitution of IrelandSummary and indictable offences Minor and non-minor offencesSerious and non-serious offencesArrestable and non-arrestable offencesAccomplice to CrimePrincipal in CrimeAccessory after the FactDifferences between Crimes and TortsInchoate OffencesIncitementConspiracy AttemptPublic order offences in IrelandIntoxication (being drunk) in a public placeDisorderly conduct in a public placeThreatening, abusive or insulting behaviour in a public placeBegging in an intimidating or threatening manner Distribution or display in a public place of material which is threatening, abusive, insulting or obscene Failure to comply with the direction of a member of An Garda SiochanaWilful obstructionEntering a building, etc, with intent to commit an offenceTrespass on a building, etcRiot Violent disorderAffrayBlackmail, extortion and demanding money with menaces Assault with intent to cause bodily harm or commit an indictable offenceAssault or obstruction of a peace officerAttacks on emergency service personnelIndictable offences:Summary offences:The Prosecution of CrimeDistrict Court Summons ProcedureThe Validity of the SummonsTime Limits for the Issuing of A SummonsIndictable Offences Time LimitsCharge Sheet ProcedureRight to Silence and against Self-incriminationBailArrestsArrest without a warrantEntry and search of a premises to carry out an arrestManner of Arrest Search of the Arrested PersonProcedure after ArrestImmunity from ArrestAn arrestable offence under the Criminal Law Act 1997Section 30 of the Offences Against The State Act 1939Periods of Detention:Section 30 of the Offences Against the State Act 1939Section 4 of the Criminal Justice Act 1984Section 2 of the Drug Trafficking Act 1996Drug offencesCustoms National Drug TeamPossession of any other controlled drugsGrowing cannabis plants or opium poppiesRegulations regarding opiumPossession of controlled drugs for sale or supply Use of premises, vehicles or vessels for certain activitiesForged or fraudulently altered prescriptionsAttempting or helping others to commit an offence Court-ordered drug treatmentThe Definition of HomicideVoluntary Manslaughter:Section 4 of the Criminal Justice Act, 1964, which provides:A life sentence is mandatory for murderCapital PunishmentDeath Penalty FactsManslaughter and ProvocationFatal Assault ManslaughterCriminal NegligenceDuty to ActAct or OmissionEuthanasiaNon-voluntary EuthanasiaTheft, Burglary, Aggravated Burglary and Robbery Section 4 of the Criminal Justice Act 2001 Actus Reus and Mens Rea of theft Theft, robbery and burglary. Aggravated burglary s. 13 the Criminal Justice Act 2001 Penalty s. 13(3) the Criminal Justice Act 2001 Section 14 Criminal Justice Act 2001The defence of IntoxicationIntoxication by DrugsThe Burden of ProofDefence of MistakeDefence of InsanityFit or unfit to be triedNot guilty by reason of insanityDiminished responsibility in murder casesConstrained ChoiceDefence of Necessity
National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together", the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.
This text is designed to be a clear and accessible account of criminal procedure in Northern Ireland. It should be of interest not only to students, but also to barristers and solicitors and the police and others working in the field of criminal justice. It presents the law as it stands at the end of July 2000, including the provisions of the Terrorism Act (2000), and in 10 chapters, takes the reader step-by-step through the criminal process. It refers to the relevant decisions of the courts, including the House of Lords and the European Court of Human Rights.
Few subjects provoke as much public fascination and political concern as crime, criminality, criminology, and criminal justice policy and practice. Understanding Criminal Justice seeks to provide students with a critical introduction to the range of theoretical, policy and operational issues faced by the criminal justice system in England, Wales, Scotland and Northern Ireland at the beginning of the twenty-first century. It anticipates little or no prior knowledge of criminal justice, and seeks to provide an introduction to the area. This critical textbook provides both a thorough overview of the procedures central to the workings of the criminal justice system and a distillation of the topical debates that surround it. It outlines the political and historical context, detailing key procedures and challenging students to engage with current debates. Containing chapters on policing, prosecution, community justice and alternative modes of justice, this text provides a comprehensive coverage of the key topics included within undergraduate criminology programmes at an introductory level. Written in a lively and accessible style, this book will also be of interest to general readers and practitioners in the criminal justice system.
The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.
This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.