Author: Derek Dunne

Publisher: Round Hall

Pub Date: 31/01/2021

ISBN: 9780414078239

Jurisdiction: Ireland

The second edition of Judicial Review of Criminal Proceedings by Derek Dunne contains a fully up to date exposition and analysis of judicial review as it applies at all stages of criminal proceedings. It incorporates a thorough and detailed analysis of the new Order 84 of the Rules of the Superior Courts that came into effect shortly after the publication of the first edition in 2011, as well as all important case law of the superior courts and all legislative developments in the time since.

The second edition also contains an entirely new exposition and analysis of judicial review as it arises or applies following conviction and sentence, including:

-Analysis of the relationship between judicial review and Article 40.4.2 of Bunreacht na hEireann 1937

-Judicial review of prison conditions and judicial review of decisions of the executive concerning temporary release, remission, enhanced remission, etc.Judicial review has assumed greatly developed and increased importance in areas such as prison conditions

-Decisions of the executive concerning applications for temporary release, remission and enhanced remission

-and Warrants.

Features

-Amended Order 84 of the Rules of the Superior Courts came into effect in 2011.

-Important legislative changes since the publication of the first edition in 2011 (including the Criminal Justice (Victims of Crime) Act 2017 and s.19A of the Criminal Evidence Act 1992).

New to this edition

-Deals fully and in detail with all important judgments of the High Court, Court of Appeal and the Supreme Court since the publication of the first edition in 2011, including Murphy v Ireland & ors (2014); Donoghue v DPP (2014); FX v Clinical Governor of Central Mental Hospital (2014), Ryan v Governor of Midlands Prison (2014); Stirling v Judge Collins (2014); Attorney General v Marques (2015); Attorney General v Damache (2015); Byrne v Judges of the Circuit Court (2015); McKevitt v Minister for Justice & Equality (2015); SF & ors v Governor of Oberstown Detention Centre & ors (2017) Wansboro v DPP (2018); ER v DPP (2019); Finnegan v Superintendent of Tallaght Garda Station (2019); Simpson v Governor of Mountjoy Prison (2019); People (DPP) v CC (2019); Brassil v DPP (2020).

-Entirely new section on language rights in criminal proceedings and judicial review.

-New section on judicial review of warrants (including bench warrants, arrest warrants, search warrants and committal warrants).

-New section on blameworthy prosecutorial delay in criminal proceedings involving children and the Children Act 2001.

-New and expanded section on the essential features of Article 40.4.2 of Bunreacht na hEireann 1937 and the relationship between Article 40.4.2 of Bunreacht na hEireann 1937 and judicial review.

-New section on judicial review of prison conditions, issues of prison discipline, the Prisons Act 2007, as amended, and the Prison Rules 2007, as amended.

-New section on judicial review of decisions of the executive concerning temporary release, remission and enhanced remission.

-All chapters have been very substantially revised and rewritten to incorporate all important recent legislative and judicial developments.

About the Author

Derek Dunne is a practising barrister. He holds BCL and LLM degrees from NUI Cork and is a Fellow of the Chartered Institute of Arbitrators. He is also the co-author of Arbitration Law, Third Edition (Roundhall, 2018).