Balance In Criminal Law Review Group
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Balance In Criminal Law Review Group
The Balance in Criminal Law Review Group was an Irish legal review committee established by Michael McDowell, Minister for Justice, Equality and Law Reform, in 2006. It made numerous recommendations which have been implemented in Irish criminal law. Recommendations The committee was chaired by Gerard Hogan S.C. It reported in 2007 making recommendations for a number of changes to Irish criminal law, including adverse inferences to be drawn from the exercise of the right to silence in certain circumstances (which had been the subject of an interim report), wider provision for admission of adverse character evidence, rolling back the exclusionary rule by way of court discretion to admit unconstitutionally obtained evidence, provision for disposing of admissibility issues pre-trial, and allowing acquittals to be reopened following new evidence, with-prejudice prosecution appeals, allowing an acquittal to be overturned and a re-trial ordered on appeal, and requiring defence di ...
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Michael McDowell (politician)
Michael McDowell (born 1 May 1951) is an Irish Independent politicians in Ireland, Independent politician and barrister who has served as a Seanad Éireann, Senator for the National University of Ireland (constituency), National University since April 2016. He previously served as Tánaiste from 2006 to 2007, Minister for Justice (Ireland), Minister for Justice, Equality and Law Reform from 2002 to 2007, Progressive Democrats, Leader of the Progressive Democrats from 2006 to 2007 and Attorney General of Ireland from 1999 to 2002. He served as a Teachta Dála (TD) for the Dublin South-East (Dáil constituency), Dublin South-East constituency from 1987 to 1989, 1992 to 1997 and 2002 to 2007. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats in the mid-1980s. On three occasions he was elected as a Teachta Dála, TD for the Dublin South-East (Dáil constituency), Dublin South-East constituency, serving in the Members of the ...
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Minister For Justice (Ireland)
The Minister for Justice ( ga, An tAire Dlí agus Cirt) is a senior minister in the Government of Ireland and leads the Department of Justice. The Minister for Justice has overall responsibility for law and order in Ireland. The current Minister for Justice is Simon Harris, TD. He is holding this position in a temporary capacity during the maternity leave of Helen McEntee, TD, who continues as a minister without portfolio. Harris is assisted by a Minister of State: * James Browne, Minister of State at the Department of Justice with responsibility for Law Reform, Civil Justice and Immigration. History From 1919 until 1924 the position was known as the Minister for Home Affairs. In 1997, the functions of the Minister for Equality and Law Reform were transferred to this Minister, and it was renamed as the Minister for Justice, Equality and Law Reform, a title which it retained until 2010. The minister held the title of Minister for Justice and Equality from 2011 to 2020. As of ...
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Gerard Hogan
Gerard William Augustine Hogan, (born 13 August 1958) is an Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021. He previously served as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. Hogan first worked as a barrister and lecturer in law specialising in constitutional and administrative law. Early life and education Hogan is from Carrick-on-Suir, County Tipperary. He was born in 1958, to Mai and Liam Hogan. His father was the deputy principal of Christian Brothers secondary school in the town. He was educated at University College Dublin, from where he received BCL and LLM degrees in 1979 and 1981. He co-authored his first book ''Prisoners' Rights: A Study in Irish Prison Law'' in 1981 with Paul McDermott and Raymond Byrne. He obtained a John F. Kennedy memorial scholarship to study for an LLM at the Un ...
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Right To Silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ''ex ...
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Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). The e ...
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Criminal Justice Act 2007
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ...
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Criminal Procedure Act 2010
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law o ...
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Criminal Justice Act 2006
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Criminal Procedure Act
Criminal Procedure Act (with its variations) is a stock short title used for legislation relating to criminal procedure in Hong Kong, Malaysia, New Zealand, the Republic of Ireland, South Africa and the United Kingdom. The Bill for an Act with this short title may have been known as a Criminal Procedure Bill during its passage through Parliament. Criminal Procedure Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to criminal procedure. List Hong Kong * The Criminal Procedure Ordinance 1899 Malaysia *The Criminal Procedure Code New Zealand *The Criminal Procedure Act 2011 *The Criminal Procedure (Mentally Impaired Persons) Act 2003 Republic of Ireland *The Criminal Procedure Act 2010 *The Criminal Procedure (Amendment) Act 2007 *The Criminal Procedure Act, 1993 *The Criminal Procedure (Amendment) Act, 1973 *The Criminal Procedure Act, 1967 South Africa *The Criminal Procedure and Evidence Act, 1917 (No 31) *T ...
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2006 Establishments In Ireland
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Six is a con ...
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2007 Disestablishments In Ireland
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit ...
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