Walsh on Criminal Procedure - 3rd edition



ISBN:  978041418300

Publishing date: Aug 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. 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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