The third edition of Walsh on Criminal Procedure offers a comprehensive, expert and accessible analysis of all aspects of Irish criminal procedure.
The new edition of Walsh on Criminal Procedure provides the practitioner with a comprehensive, detailed and definitive analysis of all aspects of Irish criminal procedure, including: fundamental principles and institutions; the full sweep of Garda powers and procedures in the prevention, detection and investigation of crime; all aspects of the preparation of a prosecution; legal aid; pre-trial procedures (including bail); trial procedure; sentencing; appeals; criminal record; Garda vetting; and Covid criminal law enforcement powers.
Key Features
- Definitive coverage and detailed analysis of the whole range of Garda powers and criminal procedure.
- Substantive and detailed treatment of generalist, specialist and niche topics in criminal law enforcement.
- Up to date analysis of all relevant domestic legislation, regulations, case law, court rules and practice directions.
- Extensive coverage of rapidly expanding body of relevant EU legislation and case law and ECHR jurisprudence.
- The methodical and coherent structure, coupled with detailed and painstaking citation style and cross-referencing, facilitates quick and easy access to all relevant material.
- Combines a comprehensive resource for preparatory research with an invaluable instant reference source for legal argument in court and negotiation, for operational policy, practice and advice.
New to This Edition
- Definitive coverage and detailed analysis of the whole range of Garda powers and criminal procedure.
- Substantive and detailed treatment of generalist, specialist and niche topics in criminal law enforcement.
- Up to date analysis of all relevant domestic legislation, regulations, case law, court rules and practice directions.
- Extensive coverage of rapidly expanding body of relevant EU legislation and case law and ECHR jurisprudence.
- The methodical and coherent structure, coupled with detailed and painstaking citation style and cross-referencing, facilitates quick and easy access to all relevant material.
- Combines a comprehensive resource for preparatory research with an invaluable instant reference source for legal argument in court and negotiation, for operational policy, practice and advice.
- Comprehensive analysis of the extensive body of domestic legislation since 2016 and key measures in the pipeline, including: General Scheme of Garda (Powers) Bill; General Scheme of the Criminal Justice (Legal Aid) Bill; General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill; Policing, Security and Community Safety Act 2024; Garda Síochána (Recording Devices) Act 2023; Criminal Justice (Miscellaneous Provisions) Act 2023; Communications (Retention of Data) (Amendment) Act 2022; Criminal Procedure Act 2021; Parole Act 2019; Criminal Justice (Victims of Crime) Act 2017; and Criminal Justice Act 2017.
- Major cases discussed include: Smyth; Dwyer; Corcoran; Quirke; Behan; Braney; and Doyle. Major cases from the CJEU and the ECtHR include: Tele2; Dwyer; Beuze; Gaughran; and M.M.
- The book has been completely restructured and all chapters have been extensively rewritten to incorporate all relevant developments, improve clarity and depth of analysis, strengthen methodical coherence and enhance accessibility and use.
- Virtually all chapters have been developed and broken up to accommodate new material.
- Fourteen completely new chapters include: criminal law enforcement bodies; rights of crime victims; communications data retention and access for the Garda; covert and overt surveillance; preliminary trial hearings; criminal records; Garda vetting; and Covid powers and procedures, among others.
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
The 73 chapters can be grouped together into 7 broad blocks consisting of:
- 5 chapters on general principles and institutions, including: criminal law enforcement bodies and prosecutors.
- 21 chapters on the full range of Garda powers and procedures, including: duties to crime victims; stop; arrest; detention; bodily samples; DNA profiles and databases; retention and access to communications data; covert and overt surveillance; entry, search and seizure; production and access orders; duty to gather and retain evidence; and the exclusionary rule.
- 11 chapters on preparing the case for prosecution and trial, including: the prosecution decision; the initiation of proceedings; District Court proceedings; disclosure; legal aid; bail; the indictment; pleas; and the jury.
- 11 chapters on the trial procedure, including: presumption of innocence; preliminary trial hearings; aspects of evidence; trial procedure; use of live video link; judge's charge; jury deliberations; the verdict; restrictions on public hearings; and special criminal courts.
- 14 chapters on all aspects of sentencing, including: all of the sentencing options; sentencing objectives; individual sentencing; procedure; execution and management of custodial sentences; parole; transfer of sentences; and spent convictions.
- 7 chapters on all appeal procedures, including: appeals by the accused; prosecution appeals; and miscarriage of justice applications.
- 4 chapters on: delay; criminal records; Garda vetting; and Covid criminal law enforcement powers and procedures.
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