Minister For Justice Equality And Law Reform V Bailey
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Minister For Justice Equality And Law Reform V Bailey
''Minister for Justice Equality and Law Reform v Bailey'IESC 16], was an Supreme Court of Ireland, Irish Supreme Court case in which the Court held they did not have the jurisdiction to order the surrender of a non-Irish citizen for the commission of a crime committed in Ireland. Ian Bailey was accused of murdering a French citizen in Ireland. The French judicial authorities requested the extradition of Bailey from Ireland to France so to question him about the crime. However, the issue in this case was that Bailey is not a French citizen, rather his nationality is British. This case dealt with an unprecedented question of law as usually the person requested by the issuing state is a national of that state. The significance of this case was that the Supreme Court dealt with a situation where Bailey was a British national yet the French authorities requested for his extradition. Nevertheless, the Court decided that Bailey could not be surrendered because the French had not actual ...
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Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , budg ...
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Arrest Warrant
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a judge or justice of the peace under the Criminal Code. Once the warrant has been issued, section 29 of the code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so. Czech Republic Czech courts may issue an arrest warrant when it is not achievable to summon or bring in for questioning a charged person and at the same time there is a reason for detention (i.e. concern that the charged person would either flee, interfere with the proceedings or continue criminal activity, see Remand in the Czech Republic). The arrest warrant includes: * identification of the charged person * brief description of the act, for which the ...
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Supreme Court Of Ireland Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ...
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Director Of Public Prosecutions (Ireland)
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP). The agency was founded in 1974, assuming prosecutorial functions previously held by the Attorney General of Ireland. It is responsible for conducting reviews of files prepared by law enforcement agencies including the Garda Síochána and deciding whether to prosecute. It conducts prosecutions in courts in Dublin and directs State Solicitors for cases outside Dublin. It instructs outside counsel to appear in court. History The original powers of prosecution were vested with the Attorney General of Ireland under the Ministers and Secretaries Act 1924. Article 30.3 of the Constitution of Ireland provides that: The Prosecution of Offences Act 1974 delegated the functions of the Attorney General to the Office of the Director of Prosecutions. The Act was introduced to Dáil Éireann ...
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Extraterritorial Jurisdiction In Irish Law
The state of Ireland asserts universal jurisdiction and extraterritorial jurisdiction in various situations. Ireland has universal jurisdiction for murder and manslaughter committed by its citizens. This dates from at least 1829, retained by the Offences against the Person Act 1861, as adapted in 1973. Some international conventions to which the state is party require universal jurisdiction, as reflected in the enabling legislation. Examples include the European Convention on the Suppression of Terrorism the International Criminal Court, and the UN Convention against Transnational Organized Crime. Definition Some acts of the Oireachtas criminalise actions abroad by citizens and residents of Ireland. These include counterfeiting money, money laundering, and corruption. In some cases, an action is criminal in Irish law only where it is also a crime in the place where it occurred. Examples are child sex tourism and female genital mutilation. History In the 1922 debates on the ...
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High Court (Ireland)
The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Governm ...
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Death Of Sophie Toscan Du Plantier
Sophie Toscan du Plantier, a 39-year-old French woman, was killed outside her holiday home near Toormore, Goleen, County Cork, Ireland, on the night of 23 December 1996. British journalist Ian Bailey, who lived near Toscan du Plantier's home in Ireland, was a suspect arrested twice by the Garda Síochána, yet no charges were laid as the Director of Public Prosecutions (DPP) found there was insufficient evidence to proceed to trial. Bailey lost a libel case against six newspapers in 2003. He also lost a wrongful arrest case against the Gardaí, Minister for Justice, and Attorney General in 2015. In 2019, Bailey was convicted of murder by the '' Cour d'Assises'' in Paris, France, and sentenced to 25 years in prison. He was tried '' in absentia'' in France after winning a legal battle against extradition. In 2020, Ireland's High Court ruled that Bailey could not be extradited. Victim Sophie Toscan du Plantier, ''née'' Bouniol, a French television producer, lived in Pari ...
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Rendition (law)
In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place. Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness. It can also mean the execution of a judicial order by the directed parties. But extraordinary rendition is distinct from both deportation and extradition, being inherently illegal. United States Interstate rendition Rendition between states is required by Article Four, Section Two of the United States Constitution; this section is often termed the ''rendition clause''. Each state has a presumptive duty to render suspects on the request of another state, as under the full faith and credit clause. The Supreme Court has established cer ...
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Extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition is normally regulated by t ...
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Coat Of Arms Of Ireland
) , supporters = , compartment = , motto = , orders = , other_elements = , earlier_versions = , use = The harp is used on all Acts of Oireachtas; the seal of the President; the cover of Irish passports; various government departments; the obverse of Irish euro coins. It is also used in the United Kingdom, where it appears in the lower-left quadrant of the royal coat of arms of the United Kingdom and is incorporated as a badge into devices used by official bodies in Northern Ireland. , notes = The coat of arms of Ireland is blazoned as '' Azure a harp Or, stringed Argent'' (a gold harp with silver strings on a blue background). These arms have long been Ireland's heraldic emblem. References to them as being the arms of the king of Ireland can be found as early as the 13th century. These arms were adopted by Henry VIII of England when he ended the period of Lordship of Ireland and declared Ireland to be a kingdom again in ...
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