Introduction Prior to its departure from the EU, the UK was a party to a substantial and complex body of EU measures aimed at delivering … Read more
EAW and a judicial authority
Introduction The European arrest warrant (EAW) is an instrument for the surrender of a person from one EU Member State to another for the purpose … Read more
Irish legislation on abusive sharing of intimate images
Introduction A few days ago, it was reported that legislative proposals to criminalise the non-consensual distribution of intimate images (popularly, but inadequately referred to as … Read more
Criminal Law Strict Liability in EU Regs
Introduction English law applies a presumption in favour of mens rea for criminal offences. What that means is that the prosecution will normally have to … Read more
The Ian Bailey EAW Litigation
Introduction A few weeks ago, the Irish High Court handed down a decision which, hopefully, draws a red line under one of the most extraordinary … Read more
More Police State Powers to Fight COVID in Ireland?
Introduction A few weeks ago, the Irish Parliament (Oireachtas) enacted further ‘emergency’ criminal justice legislation in response to the COVID crisis. The measures, in the … Read more
British Soldiers above the Criminal Law?
Introduction The Overseas Operations (Service Personnel and Veterans) Bill completed its second reading in the House of Commons last week. The innocuously worded Bill contains … Read more
COVID-19 and Irish court proceedings
Introduction The Irish courts have been responding to the challenges presented by COVID-19 through a combination of remote hearings and social distancing measures within courtrooms. … Read more
Policing hostile activity at UK ports and border
Introduction The Counter-Terrorism and Security Act 2019 confers extensive powers on an “examining officer” to stop, question and detain a person at a UK port … Read more
The Provocation Defence in Ireland
Introduction Every first year law student will know that provocation (currently termed ‘loss of self-control’ in England and Wales) can reduce a conviction for murder … Read more