1: Introduction to Criminal Law

why must criminal law be understood in its social context?

• it reflect evolving social norms and values

• it helps explain why certain conduct is criminalised

what are the functions of criminal law?

1. maintain order and social control

2. deter harmful conduct

3. establish accountability for wrongdoing

who decides what conduct is criminal in Ireland?

• the Oirechtas (under Article 15.2 of the constitution)

• laws are often enacted as reactions to social events (political context)

is there a single comprehensive definition of crime?

no, but certain characteristics are commonly used

what are the key features of crime?

use of criminal process and sanctions
public wrong or offence against the community

punitive sanctions

requirement of misconduct and culpability

what case discussed whether a certain offence was criminal?

Melling v O’Mathghamhna [1962] IR 1

what was the historical distinction between felonies and misdemeanours?

felonies: grave offences (capital punishment)

misdemeanours: less serious

when was this distinction abolished (between felonies and misdemeanours)?

Criminal Law Act 1997, s.3(1)

why was the concept of ‘arrestable offences’ created?

to replace felony/misdemeanour for arrest powers

what is an arrest able offence under the s.1 of the 1997 Act?

• punishable by imprisonment for 5+ years

• includes attempts of such offences

what are summary offences?

• tried in District Court by a single judge

• minor offences

• informal and quick procedure

• prosecuted usually by Gardaí

what are indictable offences?

• tried before a judge and jury

• heard in Circuit or Central Criminal Court

• formal process

• prosecuted by DPP

what does article 38.2 of the Constitution state?

minor offences may be tried by summary jurisdiction

when can indictable offences be tried summarily?

with consent of DPP, District Court, and accused

what are hybrid offences?

statutes allow prosecution either summarily or on indictment

app decides the mode of trial

what does Article 38.5 of the Constitution state?

no person shall be tried without a jury, except in special courts or military tribunals

where are gang-related or subversive crimes tried?

in the special criminal court (non-jury)

can a person be prosecuted for multiple offences from one incident?

yes multiple charges can arise from a single set of facts

what does the DPP do when Gardaí submit a file?

decides whether to prosecute

determines charges to be included in the indictment

how are verdicts reached in multi charge cases?

each charge requires a separate verdict

prosecution must prove guilt beyond reasonable doubt for each

what does the Supreme Court do?

final court of appeal

hears important legal issues

what is the function of the court of appeal?

hears criminal appeals from lower courts
panels of 3 judges

issues a single judgment

what is the central criminal court?

high court in its criminal jurisdiction

hears serious offences

what is the circuit criminal court?

jury trials for indictable offences

hears District Court appeals

what is the special criminal court?

non-jury court

three judges

handles subversive and organised crime

what is the district court?

summary offences
one judge, no jury

what are the main stages of a criminal trial?

what does article 38.1 of the constitution provide?

trial must be in due course of law

what fair trial rights are in the ECHR and the EU charter?

article 6 ECHR
article 47-48 EU charter

what are key elements of the right to a fair trial?

• presumption of innocence

• no double jeopardy

• properly constituted court

• trial within reasonable time

• right to cross-examine

• legal representation and aid

• proportional sentencing

what other constitutional rights are relevant to criminal trials?

right to privacy (40.3)

bodily integrity (40.3)

right to silence (40.6)
right to liberty (40.4.1)

what does article 40.3.1 guarantee?

vindication and protection of personal rights

what EU instrument protects victims?

EU directive 2012/29
Criminal Justice (Victims of Crime) act 2017

what protections are given to vulnerable victims?

support during investigation and trial
protection from secondary victimisation

who bears the burden of proof in criminal trials?

the prosecution

why does the prosecution bear this burden?

due to the presumption of innocence

what is the standard of proof for the prosecution?

beyond reasonable doubt

what is the standard for the defence (where applicable)?

balance of probabilities (more likely than not)

what case established the golden thread of criminal law?

Woolmington v DPP [1935] AC 462

in what three circumstances does the defence bear the burden of proof?

• facts peculiarly within the accused’s knowledge

• insanity or diminished responsibility

• statutory exceptions

what case addresses burden of proof for insanity?

DPP v Heffernan [2017] IESC 5

what Irish case confirms the presumption of innocence?

People (DPP) voters D O’T [2003]

what case clarified the standard of proof in Ireland?

DPP v Marlowe [2019] IECA 263

what case is central to the definition of crime in Ireland?

Melling v O’Mathghamhna [1962] IR 1

what case addressed classification of offences and constitutional law?

Murphy v GM [2001] 4 IR 113

what case involved prosecutorial discretion?

Ross v DP [2020]

what case upheld trial without jury in the Special Criminal Court?

Dowdall v DPP; Hutch v DPP [2022]

what case confirmed DPP’s role in hybrid offences?

DPP v Gary Doyle

what UK case elaborated on ‘beyond reasonable doubt’?

Miller v Minister for Pensions [1947]