Hamilton, Claire
(2011)
Threats to the
presumption of
innocence in Irish
criminal law: an
assessment.
International Journal of Evidence and Proof, 15 (3).
pp. 181-206.
ISSN 1365-7127
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. The precise meaning and ambit
of the presumption in Irish law is examined before proceeding to consider the
case law and legislation which may have impacted on its scope and practical
import for the accused. Several, albeit mixed, conclusions are drawn about the
relative health of the presumption in Ireland.
| Item Type: |
Article
|
| Keywords: |
Presumption of innocence; Ireland; Reverse burdens; |
| Academic Unit: |
Faculty of Social Sciences > School of Business |
| Item ID: |
5718 |
| Identification Number: |
https://doi.org/10.1350/ijep.2011.15.3.377 |
| Depositing User: |
Claire Hamilton
|
| Date Deposited: |
22 Jan 2015 15:06 |
| Journal or Publication Title: |
International Journal of Evidence and Proof |
| Publisher: |
Vathek Publishing |
| 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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