Greville Ewan Janner, Baron Janner of Braunstone, was a British politician, barrister and writer. He became a Labour Party Member of Parliament for Leicester in the 1970 general election as a last-minute candidate, succeeding his father. He was an MP until 1997, and then elevated to the House of Lords. Never a frontbencher, Janner was particularly known for his work on Select Committees; he chaired the Select Committee on Employment for a time. He was associated with a number of Jewish organisations including the Board of Deputies of British Jews, of which he was chairman from 1978 to 1984, and was later prominent in the field of education about the Holocaust.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
Peter Hugh McGregor Ellis was a New Zealand childcare worker who was wrongfully convicted of child sexual abuse. He was at the centre of one of the country's most enduring judicial controversies, after being found guilty in June 1993 in the High Court on 16 counts of sexual offences involving children in his care at the Christchurch Civic Creche and sentenced to 10 years' imprisonment. He maintained his innocence until his death 26 years later and was supported by many New Zealanders in his attempts to overturn his convictions, although others believed he was guilty. Concerns about the reliability of the convictions centred on far-fetched stories told by many of the children and the interview techniques used to obtain their testimony.
A rape shield law is a law that limits the ability to introduce evidence about the past sexual activity of a complainant in a sexual assault trial, or that limits cross-examination of complainants about their past sexual behaviour in sexual assault cases. The term also refers to a law that prohibits the publication of the identity of a complainant in a sexual assault case.
The District Court is the lowest court in the Irish court system and the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court.
Margaret Mary Cunneen SC is an Australian barrister, prosecutor and commissioner of a government inquiry.
Nora Wall is a former Irish sister of the Sisters of Mercy who was wrongfully convicted of rape in June 1999, and served four days of a life sentence in July 1999, before her conviction was quashed. She was officially declared the victim of a miscarriage of justice in December 2005. The wrongful conviction was based on false allegations by two women in their 20s, Regina Walsh and Patricia Phelan. Walsh had a psychiatric history and Phelan had a history of making false allegations of rape prior to the event. Phelan subsequently admitted to having lied.
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.
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law.
The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in the Republic of Kenya as established by the Constitution of Kenya, which de-linked it from the Office of the Attorney General and established it as an independent office. The office is empowered with the authority to exercise the State's powers of prosecution with regard to criminal proceedings.
After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying. These factors, contributing to a rape culture, are among some of the reasons that may contribute up to 80% of all rapes going unreported in the U.S, according to a 2016 study done by the U.S. Department of Justice.
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.
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.
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.
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.
D.C. v DPP[2005] 4 IR 281, [2006] ILRM 348; [2005] IESC 77 was an Irish Supreme Court case in which the Court confirmed that the standard to be met for prohibiting a trial is "where there is a real or serious risk of an unfair trial".
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.
Thomas Murphy v Ireland and Others[2014] IESC 19; [2014] 1 ILRM 457; [2014] 1 IR 198; was an Irish Supreme Court case where the Court held that the Director of Public Prosecutions (DPP) is not required to provide information justifying a decision to hold a trial in the Special Criminal Court, unless it can be shown the decision was made mala fides. This decision further specified that the European Convention of Human Rights (ECHR) neither specified the nature of a fair trial nor identified trial-by-jury as a right.
