A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
Tracey, T/A Engineering Design & Management v Burton, [2016] IESC 16, was an Irish Supreme Court case in which the Supreme Court considered the Irish courts' ability to limit the right of access to the courts and, in extreme cases, to dismiss proceedings.
Adam v The Minister for Justice, Equality and Law Reform [2001] IESC 38 is a reported decision of the Irish Supreme Court, in which the Court, in affirming High Court orders to strike out two judicial review proceedings as frivolous, held that, to challenge the decision of a public authority, one must attempt to rely on proved individual circumstances.
In Blood v DPP [2005] IESC 8, the Irish Supreme Court confirmed that a right to an expeditious trial is implied in the right to a fair trial under Irish law. The decision of McGuinness J further suggested that "blameworthy prosecution delay was insufficient without some evidence of prejudice to the accused, whether in the form of a real risk of an unfair trial or stress and anxiety arising from the delay". The applicant in the case was successful in their appeal.
Dunne v Director of Public Prosecutions, [2002] 2 IR 305; [2002] IESC 27; [2002] 2 ILRM 241, is a reported Irish Supreme Court case in which the Court held that fair procedure imposes a duty on the prosecution to seek out and preserve all evidence that has a bearing or a potential bearing on the issue of guilt or innocence.
Minister for Justice Equality and Law Reform v Bailey[2012] IESC 16, was an Irish Supreme Court case in which the Court held they did not have the jurisdiction to order the surrender of a non-Irish citizen for the commission of a crime committed in Ireland. Ian Bailey was accused of murdering a French citizen in Ireland. The French judicial authorities requested the extradition of Bailey from Ireland to France so to question him about the crime. However, the issue in this case was that Bailey is not a French citizen, rather his nationality is British. This case dealt with an unprecedented question of law as usually the person requested by the issuing state is a national of that state. The significance of this case was that the Supreme Court dealt with a situation where Bailey was a British national yet the French authorities requested for his extradition. Nevertheless, the Court decided that Bailey could not be surrendered because the French had not actually charged him with a crime.
DPP v McLoughlin, [2009] IESC 65, was an Irish Supreme Court case, which confirmed that when objecting to the granting of bail where alleged witness intimidation is raised, the judge in the application should explicitly address the likelihood, extent, and impact of intimidation. This case specifically raised the issue of hearsay in considering potential witness intimidation and in the context of a bail decision. The decision of Denham J, goes on to state in regards to hearsay that: "The relevance and weight of such evidence is a matter to be determined by the trial judge and that a judge should be careful on the weight he or she places on such evidence". The case also had implications for bail applications because the Supreme Court found that a high case load for the High Court had implications on bail decisions.
P.M. v District Judge Miriam Malone and the Director of Public Prosecutions[2002] IESC 46 is an Irish Supreme Court case in which the court barred the further prosecution of a man for the alleged sexual abuse of his sister due to the nature of the offences and on the grounds of the pre-charge delay in criminal prosecution. A "inordinate" delay of seven years before the man was charged, coupled with the nature of the offences being described as "a form of sexual experimentation between two children under the age of ten" led to the decision of the court.
B S v The Director of Public Prosecutions, [2017] IESCDET 134; was an Irish Supreme Court case in which the Court ruled on the determination of article 34.5.3° of the Constitution when the Court can grant an allowance for an appeal from the Court of Appeal to the Supreme Court. The ruling declared that the Supreme Court “is no longer a Court for the correction of error but rather a Court which has the principal constitutional task of determining issues of general importance.”
Braddish v DPP[2001] 3 IR 127 was an Irish Supreme Court decision that established principles in relation to gathering of evidence. The Supreme Court ruled that "the Gardaí are under a duty to seek out and preserve all evidence bearing on the guilt and innocence of an accused." Daniel Braddish, the applicant, sought a prohibitory injunction against his approaching prosecution for robbery. Video evidence of the alleged crime had been in the possession of the Gardaí but was no longer available. The effort to have the prosecution overturned was refused in the High Court. On appeal, the Supreme Court was satisfied that the Applicant was entitled to the relief sought and accordingly made an order to quash the prosecution.
PM v Director of Public Prosecutions[2006] IESC 22; [2006] 2 ILRM 361; [2006] 3 IR 172 is an Irish Supreme Court case in which the Court upheld the decision of the lower court that PM had satisfied the balancing test applicable in cases of delay in prosecution. This balancing test requires an accused to show that his/her rights that are protected by the right to a speedy trial were so interfered with as to entitle him the relief he seeks. This case determined that prosecutorial delay that deprives an accused of these rights is, in and of itself, one factor to consider in carrying out the balancing exercise.
McFarlane v. Director of Public Prosecutions[2008] IESC 7; [2008] 2 I.R. 117 is an Irish Supreme Court case in which the Court ruled that the right to a fair trial under both Article 38.1 of the Constitution and Article 6(1) of the European Convention on Human Rights does not preclude prosecution in cases of prosecutorial delay unless the accused can demonstrate either that some specific prejudice resulted or that the delay was well outside the norm for the particular proceedings.
Grace and anor v An Bórd Pleanála & ors[2017] IESC 10 is an Irish Supreme Court case in which the Court clarified the criteria for ''standing'' in relation to judicial review of environmental concerns.
N.V.H. v Minister for Justice & Equality [2017] IESC 35 was an Irish Supreme Court case in which the Court upheld a challenge to the absolute prohibition on employment of asylum seekers contained in Section 9(4) of the Refugee Act 1996 and held it to be contrary to the constitutional right to seek employment.
Wansboro v. DPP and anor, [2017] IESCDET 115 is an Irish Supreme Court case in which the Court ruled that granting 'leapfrog' leave to appeal directly to the Supreme Court from the High Court under Art. 34.5.4 of the Constitution of Ireland may be appropriate where the (intermediate) Court of Appeal has already clearly taken a view on the issues raised by the applicant.
F.X. v The Clinical Director of Central Mental Hospital and Another[2014] IESC 1; [2014] 1 IR 280 is a reported Irish Supreme Court case in which the court "clarified two important points about the habeas corpus jurisdiction":
- that the High Court's jurisdiction does lie in respect of detention orders made by courts of coordinate jurisdiction; and
- although the Constitution does not allow for stays to be placed on orders of habeas corpus, "orders can be made for controlling the release of persons who are incapable of protecting themselves."
T(D) v L(F) & Anor, [2003] IESC 59 is a reported Irish Supreme Court case in which the Court held that in relation to foreign divorce proceedings, the burden of proof is on the parties to establish their domicile. Thus, in this case the Supreme Court dismissed the appeal of the husband and upheld the judgement of the High Court as he was unable to establish his domicile.
A v Minister for Justice and Equality, Refugee Applications Commissioner, Ireland and the Attorney General[2013] IESC 18, (2013) 2 ILRM 457 is an Irish Supreme Court case where the Supreme Court concluded that a certificate of leave to appeal was not required in order to appeal to the Supreme Court a decision of the High Court to dismiss proceedings as frivolous or vexatious.
Brian Rattigan v DPP [2008] IESC 34; [2008] 4 IR 639 was an Irish Supreme Court case in which the Court ruled that a criminal trial would be prohibited where prosecutorial delay or adverse pre-trial publicity created a substantial risk of unfairness to the accused.
