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In jurisprudence, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of res judicata. Variation in common law countries is the peremptory plea, which may take the specific forms of autrefois acquit or autrefois convict. These doctrines appear to have originated in ancient Roman law, in the broader principle non bis in idem.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
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 the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil and criminal jurisdiction, although when the High Court is exercising its criminal jurisdiction it is known as the Central Criminal Court.
On 14 October 2004, Pádraig Nally, an Irish farmer living in County Mayo, Republic of Ireland shot dead Irish Traveller John "Frog" Ward, who had been trespassing on his property. In November 2005 Nally was sentenced to six years' imprisonment for manslaughter. His conviction was quashed in October 2006 and, after a retrial in December 2006, he was found not guilty of manslaughter.
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).
Gerard William Augustine Hogan, is an Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021. He previously served as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. Hogan first worked as a barrister and lecturer in law specialising in constitutional and administrative law.
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Tara Burns is an Irish judge who has served as a Judge of the Court of Appeal since July 2023. She previously served as a Judge of the High Court from 2018 to 2023. She was the Chairperson of the Referendum Commission for a 2019 referendum on divorce.
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Director of Public Prosecutions v Pat Hegarty is an Irish Supreme Court case in which the court confirmed that officers/key employees of undertakings involved in anti-competitive practices in Ireland may be prosecuted and convicted for their involvement, regardless of whether the undertaking itself has been prosecuted.
Úna Ní Raifeartaigh is an Irish judge and lawyer who has served as a Judge of the Court of Appeal since November 2019. She previously served as a Judge of the High Court from 2016 to 2019, having also previously been a senior counsel and legal academic. Her academic and legal expertise is in criminal law and the law of evidence.
Tony Hunt is an Irish judge who has served as a Judge of the High Court since October 2014, and is the senior presiding judge of the Special Criminal Court. He previously served as a Judge of the Circuit Court from 2007 and 2014.
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Mary Rose Gearty is an Irish judge and lawyer who has served as a Judge of the High Court since December 2019. She was previously practiced as a barrister involved primarily in criminal trials involving serious offences.
Alexander Owens is an Irish judge who has served as a Judge of the High Court since February 2019. He formerly worked as a barrister with an expertise in criminal law.
Paul Burns is an Irish judge and lawyer who has served as a Judge of the High Court of Ireland since March 2020. He previously practiced as a barrister with a specialisation in criminal trials.
Rory P. MacCabe is an Irish judge who is a judge of the High Court since January 2022 and is the chairperson of the Garda Síochána Ombudsman Commission. He was a judge of the Circuit Court between 2007 and 2022 and was formerly a barrister and civil servant.
Kerida Naidoo is an Irish judge and lawyer who has served as a Judge of the High Court since February 2022. He was formerly a barrister.
References
- ↑ "Sworn in as High Court judge". Connaught Telegraph. Retrieved 7 October 2020.
- 1 2 "Appointments to the High Court". merrionstreet.ie. Archived from the original on 17 March 2020. Retrieved 7 October 2020.
- ↑ "Senior counsel named for High Court". www.lawsociety.ie. Archived from the original on 3 August 2019. Retrieved 7 October 2020.
- ↑ "Sex assault case adjourned over absence of witness". The Irish Times. Retrieved 7 October 2020.
- ↑ "Hit and run driver jailed". The Irish Times. Retrieved 7 October 2020.
- ↑ O'Faolain, Aodhan. "Insurer FBD settles case over alleged fraudulent invoice". The Irish Times. Archived from the original on 9 November 2020. Retrieved 7 October 2020.
- ↑ "Man not guilty (by reason of insanity) of father's murder". Irish Examiner. 30 May 2014. Retrieved 7 October 2020.
- ↑ "Neighbour: Nally was demented with fear". Irish Examiner. 7 December 2006. Retrieved 7 October 2020.
- ↑ "Court of Criminal Appeal rules trial judge has no right to direct a jury to find a defendant guilty". The Irish Times. Retrieved 7 October 2020.
- ↑ "Diary President Appoints Judges To The High Court". president.ie. Archived from the original on 8 December 2020. Retrieved 7 October 2020.
- ↑ "Stay sought on Ryanair action against union and pilots". RTÉ News. 18 October 2019. Archived from the original on 19 October 2019. Retrieved 7 October 2020.
- ↑ "Judge refuses application by liquidator to impose directorship restrictions on company founder". Irish Examiner. 8 May 2019. Archived from the original on 29 October 2020. Retrieved 7 October 2020.
- ↑ "Child can be adopted without birth father being consulted says High Court". Irish Examiner. 19 May 2020. Retrieved 7 October 2020.
- ↑ "Notice - High Court Michaelmas Term - Assignment of Judges". Courts Service. 13 October 2020. Retrieved 14 October 2020.
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