Police Powers in Ireland

(Paperback, 2nd edition)

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Police Powers in Ireland covers everything a practitioner needs to know about police powers in the context of the investigation of crime as well as general interactions between the members of An Garda Sochna and the public. The book covers everything a practitioner needs to know about the powers of An Garda Sochna in the context of the investigation of crime as well as interactions with members of the public. The second edition of this book not only provides an analysis of up-to-date case law but commences with the history of the force, their duties and powers. Then it details the importance of human rights (liberty, property rights, privacy, right to silence, rights of detained persons); the interpretation of legislation regarding police powers and the limitation of those powers; the relationship between the police and the public; and arrest and detention. The law on Adverse Inference (i.e. when people fail to answer questions) has changed significantly since the last edition and is dealt with in detail. This book examines the changes which DPP v JC had on the exclusionary rule. The title covers the important case of Damache v DPP (2012) IESC 11 dealing with the competing interests between state and the accused that case concerned a breach of fair procedures for a guard to issue a search warrant in furtherance of his own investigation. This second edition covers the following key areas: The questioning of suspects; Police powers to enter property and powers to search that property; Stop and search of vehicles; Observation, surveillance and phone-tapping; Evidence (seizure and retention of); Forensic evidence; Visual ID (parades, videos, photos); Entrapment; Trial and remedies (civil proceedings); Garda Ombudsman. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Author Bio

Garnet Orange has been a practising criminal lawyer for over 30 years and a member of the Inner Bar since 2014. He is author of Police Powers in Ireland (Bloomsbury Professional, 2014) and Drug Offences in Ireland (Bloomsbury Professional, 2021) and has lectured in relation to various aspects of criminal law.