Fennell: The Law of Evidence in Ireland

By Caroline Fennell.

Published: 26-06-2020

Format: Paperback

Edition: 4th

Extent: 1024

ISBN: 9781526504890

Imprint: Bloomsbury Professional

Dimensions: 234 x 156 mm

About The Law of Evidence in Ireland

The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.

Now in its fourth edition, this text has been updated with new sections including:
- A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as  JC and Dwyer  
- The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer 
- The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege  

The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.

Table Of Contents

Chapter 1: Fact-Finding, Determinations and Application 
Chapter 2: Constitutionalism: Human Rights and the Impact on the Irish Criminal Process 
Chapter 3: Basic Concepts of the Law of Evidence 
Chapter 4: Witness System: Competence and Compellability 
Chapter 5: Witness System: Corroboration 
Chapter 6: The Rule Against Hearsay 
Chapter 7: Opinion Evidence 
Chapter 8: Illegally Obtained Evidence 
Chapter 9: Privilege 
Chapter 10: Evidence of Bad Character and Prior Misconduct 
Chapter 11: Cross-Examination of the Accused 
Chapter 12: From the Particular to the General: Normalisation and Fair Trial 'Rights'