Introduction The rule against double jeopardy, often referred to as ne bis in idem, broadly protects an individual against the risk of being put in … Read more
Category: criminal law and procedure
Admissibility of sexual history in rape cases
Introduction It is generally accepted that prosecutions for rape and similar sexual offences present complex difficulties. Where, as is often the case, the core issue … Read more
Prosecuting an Irish murder in France
Image credit: The Irish Times Extraordinary case Last week, a French court convicted Ian Bailey in his absence and sentenced him to 25 years for … Read more
Sentencing code
Introduction A Bill has just been introduced in the Westminster Parliament paving the way for the introduction of a Sentencing Code for England and Wales. … Read more
Irish Extraterritorial Jurisdiction
Ratifying the Istanbul Convention The Criminal Law (Extraterritorial Jurisdiction) Act 2019 was enacted in Ireland a few weeks ago. The primary purpose of the Act … Read more
Compensating miscarriages of justice
In a decision handed down a few weeks ago, in the joined cases R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary … Read more
Upskirting
‘Upskirting’ has been made a criminal offence by the Voyeurism (Offences) Act 2019 which amends the Sexual Offences Act 2003. ‘Upskirting’ refers broadly to the … Read more
Investigating State Collusion in Murder
State collusion in the murder of its own citizens is not something that one would expect to find within the UK. Yet it was a … Read more
Knife crime prevention orders
The Home Secretary has just announced an intention to introduce “knife crime prevention orders” as part of a broader strategy in response to the recent … Read more
Consent to assault causing harm
In its decision in DPP v Brown [2018] IESC 67, handed down just before Christmas, the Irish Supreme Court addressed the vexed question of when … Read more