Police / Public Order Law Law

Police Powers in Ireland, 2nd Edition

By Garnet Orange
Bloomsbury Professional (formerly Tottel Publishing) July 2024

Specifications

ISBN-13
9781526527547
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
July 2024
Format
Hardback , 496 pages
Jurisdiction
Ireland ? Countri(es) for reference only

Details

Police Powers in Ireland covers everything a practitioner needs to know about police powers in the context of the investigation of crime as well as general interactions between the members of An Garda Siochana and the public.

The book covers everything a practitioner needs to know about the powers of An Garda Siochana in the context of the investigation of crime as well as interactions with members of the public. The second edition of this book not only provides an analysis of up-to-date case law but commences with the history of the force, their duties and powers. Then it details the importance of human rights (liberty, property rights, privacy, right to silence, rights of detained persons); the interpretation of legislation regarding police powers and the limitation of those powers; the relationship between the police and the public; and arrest and detention. The law on Adverse Inference (i.e. when people fail to answer questions) has changed significantly since the last edition and is dealt with in detail. This book examines the changes which DPP v JC had on the exclusionary rule. The title covers the important case of Damache v DPP (2012) IESC 11 dealing with the competing interests between state and the accused - that case concerned a breach of fair procedures for a guard to issue a search warrant in furtherance of his own investigation.

This second edition covers the following key areas: The questioning of suspects; Police powers to enter property and powers to search that property; Stop and search of vehicles; Observation, surveillance and phone-tapping; Evidence (seizure and retention of); Forensic evidence; Visual ID (parades, videos, photos); Entrapment; Trial and remedies (civil proceedings); Garda Ombudsman. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Table of Contents

Chapter 1 An Garda Síochána
Chapter 2 Duties and Powers
Chapter 3 Human Rights
Chapter 4 Interpretation and Limitation
Chapter 5 The Police and the Public
Chapter 6 Arrest and Detention
Chapter 7 Questions, Answers and Statements
Chapter 8 Adverse Inferences
Chapter 9 Powers to Enter Private Property
Chapter 10 Search of the Person
Chapter 11 Vehicles
Chapter 12 Observation, Surveillance, Phones, Post and Computers
Chapter 13 Evidence
Chapter 14 Forensic Evidence
Chapter 15 Visual Identification Evidence
Chapter 16 Entrapment
Chapter 17 Trials and Remedies
Appendix A: General Provisions 
Appendix B: Criminal Justice Act 1984 
Appendix C: Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 
Appendix D: Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations 1997 
Appendix E: Scheduled Offences 
Appendix F: Drugs Offences 
Appendix G: Organised Crime 

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