Sexual Offences in Ireland: Practice and Procedure

Sexual Offences in Ireland: Practice and Procedure cover

Sexual Offences in Ireland: Practice and Procedure

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This title provides an in-depth analysis and guidance to the key evidential and procedural issues at all stages of an investigation, prosecution and trial of sexual offences. It also considers sentencing principles and the various ancillary orders applicable to those convicted of certain sexual offences.

Sexual Offences: Practice and Procedure will greatly assist practitioners engaged in a criminal trial dealing with a sexual offence in relation to all aspects of the prosecution. It will be very useful for practitioners making a legal argument at trial or in appeals against conviction or sentence. With detailed guidance on procedural aspects of sexual offences trials, it is a must-have title for preparing your defence and advising your client.

It covers:

- DPP v FE [2019] IESC 85 (sentencing guidelines/ranges for rape)
- DPP v FN [2022] IESC 22 (Supreme Court on the question of indecency in relation to sexual assault)
- CW v DPP [2022] IEHC 336 (regarding reasonable mistake defence for defilement offences)
- Criminal Law (Sexual Offences) Act 2017
- Criminal Justice (Victims of Crime) Act 2017
- Criminal Procedure Act 2021 and the Children (Amendment) Act 2021

This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Table of Contents

1. Introduction- Legislative History/Overview

Preliminary Stages of Investigation and Prosecution

2. Investigation - Vulnerable Complainants - Children and Persons with Mental Disorders
Garda Interviews etc.
Section 15 of the 2017 Act- assessments by members of An Garda Síochána about need for special requirements- linked to Ground Rules hearings
Decision to Prosecute and Role of the Victim if Prosecution not Directed

3. Practice and Procedure where Accused is a Minor

4. Judicial Review proceedings and Sexual Offences /
Prohibition of trial on the grounds of delay - when is judicial review an appropriate option as opposed to trial court / bars to a fair trial.

5. Disclosure - including counselling records

6. Preliminary Hearings

Ground Rule Hearings, Pre-Trial Hearings under 2021 Act

Accommodations for Witnesses - Intermediaries, Video Link, Interpreters

Trial of Offences

7. Reporting Restrictions and Restrictions on the Public Attending Court

8. Drafting the Indictment - Joining co-accused, sample counts and joining more than one complainant -
Applications to sever the indictment/ for separate trials
Similar fact evidence DPP v Clement Limens (2020 Supreme Court)

9. Cross examination of complainant and previous sexual history
Recent legislative developments and case law
Right to separate legal representation

10. Corroboration

11. Rule Against Hearsay and relevant exceptions, including Doctrine of Recent Complaint / previous statements

12. Misconduct Evidence of the Accused/ Character Evidence

13. Applications at Close of Prosecution Case
Amending the Indictment
Application for Directions
Galbraith, bars to a fair trial - delay/ adverse publicity

14. Judge's Charge
Corroboration warning
Delay Warning
Requisitions on Charge for DPP v Cronin

15. Verdict
Reporting Restrictions
Lifting of reporting restrictions after not guilty verdict / distinct position sexual offences

Section 3: Sentencing

16. Sentencing I
Guidelines, comparators and important decisions for sentencing principles and structure in each of the sexual offences (rape, sexual assault, indecent assault, defilement, exploitation, child pornography):
Consideration of DPP v FE regarding rape guidelines
Sentencing for Child Pornography

17. Sentencing II
Common Aggravating and Mitigating Factors in all offences
Concurrent/ Consecutive - Multiple Complainants/ Multiple Offences/ Totality Principle
Question of Repeat Offenders
Victim Impact Statements

18. Ancillary Orders
Notification requirements Sex Offenders Act 2001 - when, how long, implications of failure to comply
Sex Offender Orders under Part 3 of the 2001 Act - Separate Applications

Product details

Published 10 Apr 2025
Format Ebook (PDF)
Edition 1st
Extent 1000
ISBN 9781526527011
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors


Laura Byrne

Laura Byrne is a practising barrister on the Weste…

Anthology Editor

Patrick J Reynolds

Patrick J Reynolds is an experienced criminal juni…

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