Hamilton, C.
(2011)
The Presumption of Innocence in Irish Criminal Law: Recent
Trends and Possible Explanations.
Irish Journal of Legal Studies, 2 (1).
pp. 3-21.
ISSN 2009-6410
Abstract
The existence of four contemporary threats to the presumption of innocence in
England and Wales has been posited by Ashworth. The aim of this article is to
take stock of the law in the Republic of Ireland impacting upon this cornerstone
principle of Irish criminal law. The article explores Ashworth’s arguments in
more detail and examines the justifications for the presumption of innocence
generally and in an Irish context. Case law and legislation which may have
impacted on its scope and practical import for the accused are considered prior to
somewhat mixed conclusions being drawn about the relative health of the
presumption in Ireland. The final part of the article briefly examines some
arguments which have been advanced for contemporary developments in the
field of due process protections.
| Item Type: |
Article
|
| Keywords: |
Presumption of Innocence; Irish Criminal Law; Ireland; Law; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
5997 |
| Depositing User: |
Claire Hamilton
|
| Date Deposited: |
01 Apr 2015 15:58 |
| Journal or Publication Title: |
Irish Journal of Legal Studies |
| Publisher: |
University College Cork |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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