The Law Of Evidence In Ireland

The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.

This book provides a survey, coupled with a critical analysis, of the rules of evidence and their effect. In addition to an exposition of the relevant case law and legislation, the text provides indications of how the rules require - or may need - reform. The Law Of Evidence In Ireland adopts a discursive and, at times, critical approach, designed to equip the reader with a taste for the origins of this area of law, together with a facility to affect its current and future development. This text should prove useful reading for both practitioner and student.

"""A book (which was) crying out to be written...The first comprehensive treatment of the Irish law..."" Western Law Gazette A comprehensive student text on the Irish law of evidence. This latest edition covers all the main areas of this important subject, and includes a full summary of the current law, plus the key legislative and case law developments. "

Irish Laws of Evidence is a comprehensive and authoritative exposition of the laws and rules of evidence in Ireland. Each of the rules is set against the backdrop of its informing principle, and is examined in light of the Irish Constitution, ongoing statutory reform, and the fluctuating justifications for the rule. The principles and rules are further explored in the context of the new alternatives for the securing and giving of evidence facilitated by technology and science, such as DNA profiling, surveillance cameras, and testimony given from outside the court by television link. The work also unites in one volume many of the most important judgments delivered by the Irish courts on matters of evidence, proof, and criminal justice.