ISBN:  9780414118300

Publishing date: Dec 2024

Edition: 3rd edition

The third edition of Walsh on Criminal Procedure offers a comprehensive, expert and accessible analysis of all aspects of Irish criminal procedure.

As well as engaging with an immense and complex body of domestic legislation, regulations, rules, case law and practice directions, it incorporates full analysis of extensive EU legislation and case law of the Court of Justice of the European Union and of the European Court of Human Rights. There is an emphasis throughout on comprehensive detail, clarity of analysis, coherence and accessibility. It is targeted primarily at the diverse and particular needs of judges, prosecutors, defence, victims, gardaí, other law enforcement personnel, students, policymakers and non-governmental organisations in the areas of human rights, civil liberties, crime victims' support and criminal justice.

New to This Edition

- Extensive revision and restructuring of all chapters to incorporate all relevant developments, improve clarity and depth of analysis, strengthen methodical coherence, and enhance accessibility and use.
- The addition of 14 wholly new chapters on: the Garda and Crime Victims; Retention and Disclosure of Communications Data; Overt Garda Surveillance through Cameras and Technology; Mutual Recognition and Enforcement of Bail Conditions; Disclosure and Privilege; Preliminary Trial Hearings; Evidence through Video Link and Remote Hearings; Restrictions on Public Hearings and Press Reporting; Parole; Mutual Recognition and Enforcement of Probation Decisions and Sentences; Criminal Records; Garda Vetting; and Coercive Powers and Enforcement Procedures Relating to Infectious Diseases and Covid-19.
- Substantive new materials have been added in 56 other chapters throughout the book to include areas not addressed in previous editions and to accommodate significant new developments in Garda powers and criminal procedure. These include: the rights of victims (especially victims of sexual offences); people smuggling; drug trafficking; unlawful immigration; entry, search and seizure; information production and access orders; bail; adult cautioning; restorative justice; sentencing options (including disqualifications, exclusions, forfeiture and confiscation); sentencing principles and guidelines; fixed charge offences; and monitoring of offenders.
- Coverage of 36 substantive statutes dealing with policing and/or criminal justice matters, including: the Sex Offenders (Amendment) Act 2023, the Communications (Retention of Data) (Amendment) Act 2022, the Criminal Procedure Act 2021 and the Criminal Justice (Victims of Crime) Act 2017, as well as at least 16 others which include significant criminal justice provisions. It also engages an extensive body of recent legislation and regulations giving effect to relevant obligations under EU law, as well as amendments to District Court Rules, Special Criminal Court Rules, Rules of the Superior Courts and Practice Directions.
- Important statutory measures in the pipeline are also covered. These include: Garda Síochána (Powers) Bill 2021; Garda Síochána (Recording Devices) Bill 2022; Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022; and Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022.
- Coverage of an immense number of decisions of the Superior Courts, including: Corcoran v Commissioner of An Garda Síochána [2023] 1 IESC 15; People (DPP) v Quirke [2023] 1 I.L.R.M.225; People (DPP) v Duffy [2023] IESC 1; Dowdall and Hutch v DPP [2022] IESC 36; People (DPP) v Behan [2022] IESC 23; Braney v Ireland [2021] IESC 7; People (DPP) v C.C. [2019] IESC 94; Ellis v Minister for Justice [2019] 3 I.R. 511; People (DPP) v Wilson [2019] 1 I.R. 96; CAB v Murphy [2018] 3 I.R. 640; People (DPP) v Doyle [2018] 1 I.R. 1; and O'Farrell v Governor of Portlaoise Prison [2016] 3 I.R. 619.
- Coverage of a number of major decisions of the Court of Justice of the European Union and the European Court of Human Rights, including: Dwyer (C-293/12 and C-594/12, 8 April 2014); Tele2 Sverige and Watson (C-203/15 and C-698/15, 22 December 2016); La Quadrature du Net (C-511/18, C-512/18 and C-520/18, 6 October 2020); Beuze (2019) 69 E.H.R.R. 1; Beghal (App. No. 4755/16, 28 February 2019); Doyle (App. No. 51979/17, 23 August 2019); and Lalik (App. No. 47834/19, 11 May 2023).

About the Author

Professor Dermot P.J. Walsh LLB, PhD, MRIA, Barrister at Law lectured in the Universities of Cork, Ulster, Limerick and Kent and has published widely in the areas of criminal procedure, policing, EU criminal law and procedure and human rights, including major texts on Criminal Procedure, the Irish Police, Juvenile Justice and Bloody Sunday. He was elected a Member of the Royal Irish Academy in 2011.

Table of Contents

1. 
   1. General Principles and Structural Features
   2. The Garda and Other Law Enforcement Bodies
   3. Prosecutors
   4. Courts and Prisons
   5. Territorial and Extraterritorial Jurisdiction
   6. Crime Victims
   7. Information Reporting and Garda Powers to Stop, Question and Search
   8. Garda Powers of Arrest
   9. Arrest Formalities and Associated Powers and Procedures
   10. Garda Powers of Detention
   11. Rights and Protections in Garda Custody
   12. The Regulation of Garda Interviews
   13. The Right to Silence under Garda Questioning
   14. Fingerprinting, Photographing and Identifying Persons in Garda Custody
   15. Taking Bodily Samples from Persons in Garda Custody
   16. DNA Profiles and Database System
   17. Garda Powers of Covert Surveillance
   18. Retention and Disclosure of Communications' Data: the EU and ECHR Dimensions
   19. Retention and Disclosure of Communications' Data: the Domestic Measures
   20. Overt Garda Surveillance through Cameras and Technology
   21. Warrants of Entry, Search and Seizure
   22. Summary Powers of Entry, Inspection, Search and Seizure
   23. Production and Access Orders and Disclosure of Information
   24. Garda Duty to Gather and Retain Evidence
   25. The Exclusionary Rule
   26. Improperly Obtained Admissions
   27. The Decision to Prosecute
   28. Initiating the Prosecution
   29. Legal Aid
   30. Preliminary Applications and Related Proceedings
   31. Disclosure and Privilege
   32. Bail Principles
   33. Bail Jurisdiction, Procedure, Conditions and Enforcement
   34. Mutual Recognition and Enforcement of Bail Conditions
   35. The Indictment
   36. Arraignment and Pleas
   37. The Jury
   38. Conduct of Trial Proceedings
   39. Presumption of Innocence and Related Matters
   40. Preliminary Trial Hearings
   41. Presenting and Testing Evidence
   42. Evidence though Video Link and Remote Hearings
   43. Judge's Charge and Jury Deliberations
   44. The Verdict
   45. Restrictions on Public Hearings and Press Reporting
   46. Special Criminal Courts
   47. Custodial Sentences
   48. Suspended Sentences
   49. Community and Related Sanctions
   50. Monitoring and Restriction Orders and Related Matters
   51. Fines
   52. Forfeiture and Confiscation
   53. Disqualifications and Exclusions
   54. Sentencing Objectives and Guidelines
   55. Sentencing Principles
   56. Sentencing Procedure
   57. Execution and Management of Custodial Sentences
   58. Parole
   59. Transfer of Prisoners and Mutual Recognition of Probation Decisions and Sentences
   60. Spent Convictions and Criminal Records
   61. Garda Vetting
   62. Appeals and Related Applications from the District Court
   63. The Court of Appeal and the Accused
   64. Prosecution Appeal against Acquittal
   65. Prosecution Application for a Re-Trial
   66. Prosecution Application for Review of Sentence
   67. Appeals to the Supreme Court
   68. Miscarriage of Justice Applications
   69. Delay
   70. Coercive Powers and Enforcement Procedures Relating to Infectious Diseases and Covid-19

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