Category: criminal law and procedure

The Criminal Justice (Amendment) Bill 2021 has just been given its first reading in the Irish parliament. It reflects the results of a judicial fightback … Read more

Introduction Last week the Irish government published a Criminal Procedure Bill aimed largely at introducing a “preliminary trial hearing” for criminal trials on indictment. This … Read more

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

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

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

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

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

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

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

Introduction In a decision handed down two weeks ago in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32, the UK Supreme Court … Read more