Category: Criminal Law

  • The Criminal Justice (Spent Convictions and Certain Disclosures) Act, 2016-What You Need to Know

    The Criminal Justice (Spent Convictions and Certain Disclosures) Act, 2016 came into law on 29th April, 2016. This is of enormous impact for anyone who has made a serious mistake and had a conviction marked against them. Having a criminal conviction can have all sorts of negative consequences including in relation to Getting a job…

  • Public Order Offences in Ireland-What You Need to Know

    The Criminal Justice (Public Order) Act 1994 provides for most of the public order offences in Ireland, many of which are prosecuted in the District Court. The most common public order offences are as follows: Intoxication in a Public Place This is set out at section 4 of Criminal Justice (Public Order) Act 1994 which…

  • Driving a Dangerously Defective Vehicle and Driving While Unfit

    The offence of driving a dangerously defective vehicle is provided by section 54(2) of the Road Traffic Act, 1961 (as amended by the Road Traffic Act, 1968. It provides (2) Where a mechanically propelled vehicle is driven in a public place while there is a defect affecting the vehicle which the owner thereof knows of or…

  • The Right to Silence in Irish Criminal Law When Detained for Questioning

    “Whatever you say, say nothing.” Historically solicitors would advise clients in custody that there was not much to be gained by making a statement, either under caution or otherwise, when being questioned by the Gardai. They would explain that the client could invoke the privilege against self-incrimination. However this position has changed somewhat in the…

  • Restoration of Driving Licence in Ireland

    If you are seeking the restoration of your driving licence in Ireland, and wish to do so before the period of disqualification has been served, you will need to have been disqualified for more than two years. PLEASE READ DISCLAIMER AT THE END OF THIS PAGE The rules re getting your licence back have changed…