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    Threats to the presumption of innocence in Irish criminal law: an assessment

    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

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    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:
    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
    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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