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Director Of Public Prosecutions (Ireland)
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP). The agency was founded in 1974, assuming prosecutorial functions previously held by the Attorney General of Ireland. It is responsible for conducting reviews of files prepared by law enforcement agencies including the Garda Síochána and deciding whether to prosecute. It conducts prosecutions in courts in Dublin and directs State Solicitors for cases outside Dublin. It instructs outside counsel to appear in court. History The original powers of prosecution were vested with the Attorney General of Ireland under the Ministers and Secretaries Act 1924. Article 30.3 of the Constitution of Ireland provides that: The Prosecution of Offences Act 1974 delegated the functions of the Attorney General to the Office of the Director of Prosecutions. The Act was introduced to Dáil Éir ...
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Attorney General Of Ireland
The attorney general of Ireland () is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does participate in cabinet meetings when invited and attends government meetings. The current attorney general is Rossa Fanning, SC. Overview The office and functions of the attorney general are outlined in Article 30 of the Constitution of Ireland. The attorney general has always been a barrister rather than a solicitor, although this is not a requirement for the post. In cases where a barrister nominated by the Taoiseach to be the attorney general was not a senior counsel at the time, the government of the day has made them one first, as occurred in the cases of John M. Kelly and John Rogers. The attorney general advises the government on the constitutionality of bills and treaties, and presents the government's case if the President refers any bill to t ...
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Claire Loftus
Claire Loftus (born 1967) is an Irish solicitor and civil servant who served as Director of Public Prosecutions from 2011 to 2021. Early life Loftus was born in 1967 and is from South Dublin. Her father Dermot was a solicitor. She completed her Leaving Certificate in 1984 and was educated at University College Dublin, where she studied history and politics. She graduated with a BA in 1987 and later obtained a higher diploma in European law. She studied for a year at Rathmines College and received a master's degree in Public Sector Management from Trinity College Dublin in 2002. Legal career She undertook an apprenticeship at a family law practice, Marcus A Lynch and Son, and qualified as a solicitor in 1992. She began her career as a prosecutor in 1993. Working at the Chief State Solicitor's Office, she served in the District Court section for seven years. She was involved in cases involving health and safety law and money laundering. She was the solicitor to Tribunal of Inqu ...
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Government Agencies Of The Republic Of Ireland
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The main types of modern political systems recognized are democracies, totalitarian regimes, and, sitting between these two, authoritarian regimes with a variety of hybrid regimes. Modern classification systems also include monarchies as a standalone entity or as a hybrid system of the main three. Historically prevalent for ...
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Public Prosecution Service For Northern Ireland
The Public Prosecution Service for Northern Ireland (PPSNI) is the department of the Northern Ireland Executive responsible for public prosecutions of people charged with criminal offences in Northern Ireland. It is headed by the Director of Public Prosecutions for Northern Ireland. Its role is similar to that of the longer-established Crown Office and Procurator Fiscal Service in Scotland, and the Crown Prosecution Service in England and Wales. The PPSNI employs 50 Public Prosecutors and over 100 administrative staff. The Police Service of Northern Ireland investigate crimes. The PPSNI advise the police on possible prosecutions, authorise charge, review cases submitted by the police, prepare for and present cases in court. It was established by the Justice (Northern Ireland) Act 2002. Prior to its establishment the police themselves would prosecute most offences, with some being referred to the former Department of the Director of Public Prosecutions. The Director of Pub ...
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European Arrest Warrant
The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period. It is a simplified cross-border judicial surrender method, and has replaced the lengthy extradition procedures that used to exist between member states. The EAW has been in force since 1 January 2004 in all Member States. An EAW issued by one of the Member States is valid in the entire territory of the EU. The mechanism is based on the principle of mutual recognition. An EAW can be issued only for the purposes of conducting a criminal prosecution (not merely an investigation), or for enforcing a custodial sentence. It can be issued only for offences carrying a minimum penalty of one year or more in prison. Where the sentence has already been passed, an EAW can be i ...
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Special Criminal Court
The Special Criminal Court (SCC; ) is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases. Legal basis Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when the "ordinary courts are inadequate to secure the effective administration of justice". The '' Offences against the State Act 1939'' led to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a "scheduled offence" is set out in the Offences Against the State (Scheduled Offences) Order 1972 as encompassing offences under:Joseph Kavanagh v. Ireland, United Nations Human Rights Committee Communication No. 819/1998U.N. Doc. CCPR/C/71/D/819/1998 (2001). * Malicious Damage Act 1861 * '' Explosive Substances Act 1883'' * ''Firearms Act 1925 to 1971'' * '' Offences against the State Act 1939'' A further class of offences was added by Statutory Instrument later the same year u ...
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District Court (Ireland)
The District Court () is the lowest court in the Irish court system and the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court. Jurisdiction The District Court is a court of local and limited jurisdiction. The civil jurisdiction is limited to damages not exceeding €15,000; the court has no equitable jurisdiction. The court has the power to renew licences for the sale of intoxicating liquor and grant licences for lotteries. The family jurisdiction of the court includes the power to award guardianship, grant protection or barring orders, and award maintenance of up to €150 a week per child, €500 per week for a spouse or a lump sum up to €15,000. The criminal jurisdiction is limited to summary offences – i ...
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Circuit Court (Ireland)
The Circuit Court () of Ireland is an intermediate level court of local and limited jurisdiction which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the Central Criminal Court or the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court but normally cannot award damages of more than €75,000. The Circuit Court also hears '' de novo'' appeals from the District Court in both civil and criminal matters. The Circuit Court consists of a President and thirty-seven ordinary judges and six specialist judges. It is composed of eight circuits, each of which cover an ''ad hoc'' region of the state. One judge is assigned to each circuit except in Dublin where ten judges may be assigned, and Cork, where there is provision for three ...
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High Court (Ireland)
The High Court () of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President, as Article 35 dictates. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the ...
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Solicitor
A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), and a lawye ...
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Barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprudence, researching the law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of Anglo-Dutch law, South Africa, Stockholm Institute for Scandinavian Law#Scandinavian Law, Scandinavia, Law of Pakistan, Pakistan, Law of India, India, Law of Bangladesh, Bangladesh and the Crown Dependencies of Law of Jersey, Jersey, Guernsey#Politics, Guernsey and the Manx Law, Isle of Man, ''barrister'' is also regarded as an honorific. In a few jurisdictions barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of ano ...
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Government Of Ireland
The Government of Ireland () is the executive (government), executive authority of Republic of Ireland, Ireland, headed by the , the head of government. The government – also known as the cabinet (government), cabinet – is composed of Minister (government), ministers, each of whom must be a member of the , which consists of and . Ministers are usually assigned a Department of State (Ireland), government department with a wikt:portfolio, portfolio covering specific government policy, policy areas although provision exists for the appointment of a minister without portfolio (Ireland), minister without portfolio. The taoiseach must be Dáil vote for Taoiseach, nominated by the Dáil, the House of Representatives, from among its members. Following the nomination of the , the president of Ireland formally appoints the . The president also appoints members of the government on the nomination of the and their approval by the . The taoiseach nominates one member of the government ...
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