Tagged: Criminal Law
But it would be hard to beat the title of the book – “Represent Yourself in Court and Win!”, for an unhelpful and irritating phrase.
In the face of power, formally judicial or otherwise, it is necessary to be circumspect.
In considering the requirements of a driver accused of drink driving offences the Supreme Court has decided that the words: require the person to provide, by exhaling into an apparatus for determining the concentration of alcohol in the breath, 2 specimens of his breath and may indicate the manner in which he is to comply with the requirement” mean that a person need only, on request by a Garda officer, provide two specimens of his/her breath and need not supply […]
Who will interpret the confused, inarticulate replies? (Some, at least, will be such).
The people who draft legislation are unusual. The job is difficult and requires long training, experience and talent. Inevitably, mistakes are sometimes made.
The latest edition of the Garda Guide has been published. The Guide is a compendium of the Criminal law of Ireland.
It’s easier to forget than to remember. If a witness has forgotten things it is permissible, sometimes, for the witness to check a written record of what has been forgotten.
Is it proper, therefore, to convict a person of a criminal offence having simply established that that person believed the property was the proceeds of a criminal offence? Or, even more so, having simply established that the circumstances of the arrest of the person is the basis of an inference of the belief or thoughts of the person; that is, it is not established either that the property is the proceeds of criminal activity or that the person thought so.
The proposal is a recipe for injustice. They are saying that they want to imprison people for up to 42 days while they search for evidence upon which they could charge them with an offence.
I suggest the true reason is very deep; candidate or no, Barack Obama is, essentially, on the wrong side of an asymmetric relationship. The State has and owns the information it took from him and feels no obligation to him for that. In short, the Privacy Act 1974, like all such provisions anywhere, is a sop.