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.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
A court-martial or court martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period. It is a simplified cross-border judicial surrender method, and has replaced the lengthy extradition procedures that used to exist between member states. The EAW has been in force since 1 January 2004 in all Member States.
Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity, or immunity ratione materiae. This is an immunity granted to people who perform certain functions of state. The second is personal immunity, or immunity ratione personae. This is an immunity granted to certain officials because of the office they hold, rather than in relation to the act they have committed.
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
The Ciarán Tobin extradition case concerns requests for the extradition of Irish businessman Francis Ciarán Tobin from Ireland to Hungary. Tobin is the subject of a European Arrest Warrant issued by the Hungarian authorities after he was found guilty of causing serious bodily harm by negligent driving when his car went out of control killing two Hungarian children in the village of Leányfalu near Budapest in April 2000. He was tried in his absence after he failed to return from Ireland for his trial.
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.
A political offence exception is a provision which limits the obligation of a sovereign state under an extradition or mutual legal assistance treaty or statute. Such provisos allow the state whose assistance has been requested to refuse to hand over a suspect to – or to gather evidence on behalf of – another state, if the requested party's competent authority determines that the requesting party seeks assistance in order to prosecute an offence of a political character.
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).
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.
MJELR v Rettinger[2010] IESC 45, [2010] 3 IR 783, was a case in which the Irish Supreme Court ruled that to resist the application of a European Arrest Warrant on the basis that it would result in treatment contrary to Article 3 of the European Convention on Human Rights (ECHR), the wanted individual must offer substantial grounds to believe that he or she would be exposed to a real risk of such treatment.
Minister for Justice, Equality and Law Reform v Murphy, [2010] IESC 17; [2010] 3 IR 77, is an Irish Supreme Court case in which the Court determined that inpatient treatment with a restriction order attached to it in a European Arrest Warrant came within the meaning of "detention order" in s.10(d) of the European Warrant Act 2003. This gave the definition of "detention order" a wide meaning. The case involved an appeal against extradition to the United Kingdom.
Paul Burns is an Irish lawyer who has been a judge of the High Court of Ireland since March 2020. He previously practised as a barrister with a focus on criminal trials.
