Criminal law
A crime is defined in law in Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:
- Summary offences
- Indictable offences
- Minor offences
- Serious offences
- Arrestable offences
In Ireland, criminal defence Solicitors deal with the issues surrounding an arrest, a criminal investigation, and criminal charges of the present or the past. It’s important to note that an arrest simply means there is reasonable suspicion a person committed a crime. An arrest does not necessarily mean that a criminal charge has been formally stated by the court. Criminal defence solicitors also deal with the substantive issues of the crimes with which his or her clients are charged.
In Ireland criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (Indictable crimes) in Ireland are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a “hung jury” and may result in a retrial of the defendant. Criminal defence Solicitors actively pursue their client’s cause through all stages of a criminal prosecution.
Criminal law in Ireland is drawn from a number of sources: Common Law, Statutes of various parliaments, Statues of the Oireachtas; Case Law and European Community/European Union Law. As in the case of all our law criminal law is subject to the fundamental law as contained in the Constitution of Ireland.
There are two ways criminal offences can be tried in Irish law:
- In the lower court (District Court) before a judge without a jury
- In the higher courts (Circuit Criminal Court, Central Criminal Court) before a judge and jury
Our office specialises in all areas of criminal law to include: –
Summary offences (District Court) to include offences under:
– The Misuse of Drugs Act 1977,
– The Criminal Justice (Theft and Fraud Offences) Act 2001,
– Non fatal offences against the person Act, 1997,
– The Firearms and Offensive weapon Act, 1990,
– The Criminal Damage Act, 1991.
Indictable offences (Circuit or Central Criminal Court) to include those under
– Offences against the State Act 1939-1998,
– Common Law (Murder, Manslaughter)
– The Public Order Act such as Violent Disorder,
– The Misuse of Drugs Act, 1977,
– The Criminal Justice (Drug Trafficking), Act 1996,
– The Criminal Law Act 1997,
– The Criminal Law (Rape) (Amendment) Act 1990.
– Various road traffic offences to include drunk driving, careless driving, dangerous driving and dangerous driving causing death.
Offences which may be tried summarily or by indictment at the request of the Director of Public Prosecutions, the judge or the accused
Section 2 of the Criminal Justice Act 1951 as amended by the Criminal Justice (Miscellaneous Provisions) Act 1997 provides that offences listed in the First Schedule of the 1951 Act can be dealt with in the District Court if three conditions are met:
- The court is of the opinion that the facts proved or alleged amount to a minor offence which the court feels is fit to be tried summarily (in the District Court)
- The accused person, when told by the court of his/her right to be tried by a judge and a jury, does not object to being tried in the District Court, and
- The Director of Public Prosecutions (DPP) consents to the accused being tried summarily for such offence
In practice, the judge looks to see what the DPP has directed and then asks the prosecuting Garda for an outline of the facts of the case. The judge then decides whether or not he/she is willing to hear the case or send it forward to a higher court to be dealt with (indictment). If the judge decides to hear the case in the District Court the accused is given an opportunity to choose whether to be dealt with in the District Court or the Circuit Court. Normally, if an accused is given this choice he/she elects to be dealt with in the District Court as the maximum penalty available to the District Judge is less than that available in the Circuit Court.