Evidence in Criminal Trials 3rd Edition

Evidence in Criminal Trials is the only Irish textbook devoted exclusively to the subject of criminal evidence. It provides extensive coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law.

This updated and extended third edition captures the many significant changes in the law of criminal evidence in recent years, including in the areas of:

• Evidence generated through use of technology: eg CCTV, mobile phones, social media
• Garda custody
• Vulnerable witnesses

Key legislation and cases examined include:

• DPP v JD [2022] IESC 39 (right to silence)
• DPP v Behan [2022] IESC 23 (search warrants)
• DPP v Hannaway [2021] IESC 31 (surveillance)
• DPP v Quirke [2023] IESC 5 and [2023] IESC 20 (computer evidence/unconstitutionally obtained evidence)
• DPP v McAreavey and Smyth [2022] IECA 182; DPP v Dwyer [2023] IECA 70 (mobile phone evidence)
• Criminal Procedure Act 2021 (introduction of preliminary hearings)
• Garda Siochana (Powers) Bill 2021 (right to legal representation during garda detention)
• Criminal Justice (Miscellaneous Provisions) Bill 2022 (anonymity of witnesses, certificate evidence)
• Garda Siochana (Recording Devices) Bill 2022 (bodycam evidence)

This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.