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The Law of Evidence in Ireland

By: Caroline Fennell
Media of The Law of Evidence in Ireland
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Published: 26-06-2020
Format: Paperback
Edition: 4th
Extent: 1024
ISBN: 9781526504890
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
RRP: €225.00
Online price : €180.00
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About The Law of Evidence in Ireland

The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.

Now in its fourth edition, this text has been updated with new sections including:
- A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer
- The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer
- The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege

The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.

Table Of Contents

Chapter 1: Fact-Finding, Determinations and Application
Chapter 2: Constitutionalism: Human Rights and the Impact on the Irish Criminal Process
Chapter 3: Basic Concepts of the Law of Evidence
Chapter 4: Witness System: Competence and Compellability
Chapter 5: Witness System: Corroboration
Chapter 6: The Rule Against Hearsay
Chapter 7: Opinion Evidence
Chapter 8: Illegally Obtained Evidence
Chapter 9: Privilege
Chapter 10: Evidence of Bad Character and Prior Misconduct
Chapter 11: Cross-Examination of the Accused
Chapter 12: From the Particular to the General: Normalisation and Fair Trial 'Rights'


“This fourth edition of The Law of Evidence in Ireland is a staple for every law student and practitioner in the country...The strength of the book, as with the three previous editions, lies in placing the evolving law of evidence in its context of constitutional and human rights law...The book is a must for any practitioner with a court-based practice on either the criminal or civil side.” –  Thomas Coughlan, Michael McGrath SC, Law Society Gazette

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