Solicitor for Criminal Law in Dublin

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Criminal Law in Ireland: Understanding the Legal Framework and Procedures

Criminal law is a fundamental area of the legal system that deals with behaviors and actions deemed ...

Criminal Law in Ireland: Understanding the Legal Framework and Procedures

Criminal law is a fundamental area of the legal system that deals with behaviors and actions deemed harmful to society. In Ireland, criminal law governs offenses that range from minor infractions to serious crimes, with penalties including fines, imprisonment, and other legal sanctions. Whether you are involved in a criminal case in Dublin or elsewhere in Ireland, understanding the basics of criminal law is vital to ensure your rights are protected and that you are aware of the legal processes.

What Is Criminal Law?

Criminal law in Ireland is a body of laws that defines criminal offenses and sets out the punishments for those offenses. It is designed to protect individuals and society by deterring crime, providing justice for victims, and ensuring that offenders are held accountable for their actions. Criminal law is enforced by the police, prosecuted by the state, and judged by the courts.

In Ireland, criminal offenses are categorized into two main types: summary offenses and indictable offenses. Summary offenses are less serious crimes that can be tried in the District Court, while indictable offenses are more serious crimes that are typically heard in the Circuit Court or High Court. Some offenses can be triable either way, meaning they can be heard in either court depending on the severity of the offense and the circumstances of the case.

Key Components of Criminal Law in Ireland

  1. Criminal Offenses and Classifications

Criminal offenses in Ireland are classified into different categories based on the severity of the crime. The Criminal Justice Act 2006 and the Criminal Law Act 1997 provide the legal framework for the prosecution of criminal offenses. Offenses are divided into categories such as:

  • Summary Offenses: These are minor offenses that are generally tried in the District Court. Examples include public order offenses, minor drug offenses, and traffic violations.
  • Indictable Offenses: These are serious crimes that are typically tried in the Circuit Court or High Court. Examples include theft, robbery, assault, murder, and drug trafficking.
  • Either-Way Offenses: Some offenses, such as fraud or theft, may be triable either as a summary offense or an indictable offense depending on the circumstances.
  1. The Criminal Justice System

The criminal justice system in Ireland is designed to investigate, prosecute, and adjudicate criminal offenses. The key players in the system include:

  • The Gardaí: The Gardaí, or Irish police, are responsible for investigating criminal offenses, making arrests, and gathering evidence. They play a critical role in the criminal justice system, ensuring that criminal activities are reported and investigated.
  • The Director of Public Prosecutions (DPP): The DPP is responsible for deciding whether or not to bring criminal charges against a suspect. The DPP assesses the evidence and determines whether there is sufficient evidence to prosecute.
  • Courts: The Irish courts are responsible for hearing criminal cases and determining the guilt or innocence of the accused. Cases may be heard in the District Court, Circuit Court, or High Court depending on the seriousness of the offense.
  1. Criminal Procedure in Ireland

The criminal procedure in Ireland is a set of steps that are followed from the time a crime is reported to the final determination of guilt or innocence. The process typically includes the following stages:

  • Investigation: When a crime is reported, the Gardaí investigate the incident by gathering evidence, interviewing witnesses, and, if necessary, arresting the suspect.
  • Arrest: If the Gardaí have sufficient evidence to suspect someone has committed a crime, they can arrest the individual. The suspect has certain rights, including the right to remain silent and the right to legal representation.
  • Charge: After the investigation, the Gardaí may charge the individual with a criminal offense. The charge is brought before the court, where the accused will either plead guilty or not guilty.
  • Trial: If the case proceeds to trial, evidence will be presented before a judge and jury (for serious offenses) or a judge alone (for minor offenses). The prosecution must prove the accused’s guilt beyond a reasonable doubt.
  • Sentencing: If the accused is found guilty, the court will impose a sentence, which may include imprisonment, fines, probation, or other penalties, depending on the severity of the crime.
  1. Defending a Criminal Charge

If you are charged with a criminal offense, it is crucial to have legal representation. A criminal defense solicitor can help you navigate the complex legal system, provide guidance, and protect your rights throughout the process. Defenses to criminal charges can include:

  • Innocence: The accused may argue that they did not commit the crime.
  • Mistake of Fact: The accused may claim that they acted under a misunderstanding of the facts.
  • Self-Defense: The accused may argue that they were acting in self-defense.
  • Insanity: In some cases, the accused may argue that they were not mentally responsible for their actions at the time of the offense.

A skilled solicitor will work with you to assess the evidence, explore possible defenses, and help you achieve the best possible outcome in your case.

  1. Penalties and Sentences in Criminal Law

Criminal offenses in Ireland can result in a wide range of penalties, depending on the seriousness of the offense and the circumstances of the case. Common penalties include:

  • Imprisonment: For serious crimes such as murder or robbery, a prison sentence may be imposed. The length of the sentence depends on the severity of the offense.
  • Fines: Fines are often imposed for minor offenses or as part of a sentence for more serious crimes.
  • Probation: A court may order the accused to be placed on probation, which involves supervision by a probation officer and compliance with specific conditions.
  • Community Service: In some cases, offenders may be sentenced to perform community service instead of serving a prison sentence.

When Should You Consult a Solicitor for Criminal Law Issues?

  1. When You Are Arrested or Detained
    If you are arrested or detained by the Gardaí, you should immediately seek legal advice. A criminal solicitor can explain your rights, ensure that you understand the legal process, and represent you during questioning.
  2. When You Are Charged with a Criminal Offense
    If you are charged with a criminal offense, it is essential to consult a solicitor to protect your rights and provide guidance on how to proceed. Your solicitor can assist you in understanding the charges, preparing your defense, and representing you in court.
  3. When You Are Facing Serious Criminal Charges
    If you are facing serious criminal charges, such as assault, theft, or drug offenses, legal representation is crucial. A solicitor can help you navigate the complexities of criminal law, advise you on the best course of action, and represent your interests in court.
  4. When You Need to Appeal a Conviction or Sentence
    If you have been convicted of a crime or have received a sentence that you believe is unjust, a solicitor can help you explore the possibility of an appeal. An experienced solicitor can assess the case, review the evidence, and guide you through the appeals process.

Conclusion

Criminal law in Ireland is a complex and essential aspect of the legal system, ensuring that justice is served and that offenders are held accountable for their actions. Whether you are involved in a minor offense or facing serious charges, it is vital to have skilled legal representation to protect your rights and navigate the legal process. If you are facing criminal charges in Dublin or elsewhere in Ireland, consulting an experienced criminal solicitor can make a significant difference in the outcome of your case.

About Lisa

Lisa is a Partner in our Public, Regulatory and Investigations team, specialising for over 10 years in Public Sector Law and sectoral regulation, including energy, financial services, data privacy, product and life sciences regulation.

Lisa provides practical and i...

About Lisa

Lisa is a Partner in our Public, Regulatory and Investigations team, specialising for over 10 years in Public Sector Law and sectoral regulation, including energy, financial services, data privacy, product and life sciences regulation.

Lisa provides practical and informed advice to public and regulatory bodies and those dealing with such bodies. This includes advising on what public and regulatory bodies can properly do, fair procedures and statutory interpretation, as well as on regulatory compliance, investigation and enforcement. It also includes advising on all types of public law litigation. Lisa also has a particular focus on Information Law, advising extensively on all aspects of access to, and disclosure of, information.

Clients appreciate Lisa's expert insight and succinct advice.

ljoyce@mhc.ie
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About Brian

Brian is a Partner on our Privacy and Data Security team. His focus is helping leading technology companies to manage large scale regulatory investigations, implement global privacy and data transfer programs, and launch new and innovative technologies in Europe.

Brian ...

About Brian

Brian is a Partner on our Privacy and Data Security team. His focus is helping leading technology companies to manage large scale regulatory investigations, implement global privacy and data transfer programs, and launch new and innovative technologies in Europe.

Brian provides companies with solutions to their privacy and data protection problems. He also has particular expertise advising companies throughout their engagement with regulators and law enforcement agencies, including helping them to navigate and resolve complex investigations and enforcement action.

Prior to joining us, Brian gained much of his experience with a leading technology firm in London and in-house at Samsung as its European Data Protection Officer. He also gained valuable experience working in the Irish Data Protection Commission a number of years ago. This diverse and varied experience means Brian has a strong understanding of the privacy and data protection challenges companies face and the pragmatic and commercial advice they need.

bjohnston@mhc.ie
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About Peter

Peter is a Dispute Resolution Partner. He advises domestic and international clients on complex commercial disputes, and contentious regulatory matters. Known for his commercially focused advice, Peter has extensive experience in advising clients on matters involving financial...

About Peter

Peter is a Dispute Resolution Partner. He advises domestic and international clients on complex commercial disputes, and contentious regulatory matters. Known for his commercially focused advice, Peter has extensive experience in advising clients on matters involving financial services litigation and shareholder disagreements.

Peter leads large-scale projects associated with all legal aspects of regulatory inquiries. In addition, he has comprehensive experience in matters involving expedited case management in the Commercial Court.

Peter advises professionals and their insurers in professional negligence claims and partnerships in various professions. He has wide-ranging experience in property disputes, and advises airlines, lessors and financiers on a range of contentious issues and disputes in the aviation sector.

pjohnston@mhc.ie
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About Peggy

Peggy is Partner in our Pensions team. Known for her pragmatic and solution-orientated advice, she has established herself as a leading Pensions expert. Peggy has advised on a wide range of pension matters and holds a professional Pension Trustee qualification.

Mo...

About Peggy

Peggy is Partner in our Pensions team. Known for her pragmatic and solution-orientated advice, she has established herself as a leading Pensions expert. Peggy has advised on a wide range of pension matters and holds a professional Pension Trustee qualification.

More recently Peggy has been appointed by various trustees to act as an independent expert under the terms of internal dispute resolution procedures. In these roles, Peggy has reviewed specific disputes and provided reports and commentary to facilitate the resolution of the disputes. She has also provided guidance on the future handling of disputes and engagements with pensions regulatory bodies.

Peggy has also written, spoken and lectured on pensions matters.

phughes@mhc.ie
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About Kevin

Kevin is a Consultant at Mason Hayes & Curran. Previously, he was Head of Financial Services and then Real Estate before becoming Chair of the firm. He served for many years on the firm’s Management Group. Now Kevin’s focus is on executive coaching and talent development at th...

About Kevin

Kevin is a Consultant at Mason Hayes & Curran. Previously, he was Head of Financial Services and then Real Estate before becoming Chair of the firm. He served for many years on the firm’s Management Group. Now Kevin’s focus is on executive coaching and talent development at the firm.

Kevin is a member of the boards of Sport Ireland, Mercy International Association and St Michael’s House Special National School Raheny. Kevin is Chair of Clontarf GAA, a member of the Governance Committee of Golf Ireland and he is the CODA Officer of the Dublin Ladies Gaelic Football Association.

khoy@mhc.ie
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About Michaela

Michaela is head of our Product Regulatory team. In addition, Michaela is Head of Life Sciences. She advises clients across a number of industries on regulatory compliance, product safety and product liability.

Michaela advises life sciences, technology, cosmetic an...

About Michaela

Michaela is head of our Product Regulatory team. In addition, Michaela is Head of Life Sciences. She advises clients across a number of industries on regulatory compliance, product safety and product liability.

Michaela advises life sciences, technology, cosmetic and consumer product clients on the regulatory framework applicable to their products and services throughout their life cycle. This includes advising clients on all issues they encounter on the EU market from R&D, marketing authorisations & CE marking, packaging, market access, product launch and marketing, through to safety issues, product recall and defending product liability claims. She is known in particular for her experience in working as EU counsel with a number of global technology and life sciences companies and advising them on their digital health strategies, with a particular focus on software medical devices and wearables.

Michaela also frequently advises clients on regulatory investigations by enforcement authorities. She has also overseen the implementation and coordination of high volume product withdrawals and product recalls, including rectification strategies, in multiple jurisdictions.

Michaela has also acted on behalf of clients in significant commercial disputes including judicial reviews and product liability class actions, particularly in the medical device industry. Her work is recognised internationally by clients, particularly her proactive and strategic approach. Michaela was named as the sole winner of the Lexology Client Choice Award for Life Sciences in Ireland in 2022 & 2023.

mherron@mhc.ie
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About Brian

Brian is Head of our Health and Prosecutions team. Brian advises on all aspects of Healthcare law, prosecutions and criminal law.

This often involves urgent advice or Court applications for protective orders or for medical treatment.

Brian has 20 years Court adv...

About Brian

Brian is Head of our Health and Prosecutions team. Brian advises on all aspects of Healthcare law, prosecutions and criminal law.

This often involves urgent advice or Court applications for protective orders or for medical treatment.

Brian has 20 years Court advocacy experience which gives a unique perspective on avoiding disputes where possible and preparing for and presenting cases where necessary.

Brian successfully advised a hospital in a 4 day remote Supreme Court action in which judgement was delivered in Jan 2021. The Special Rapporteur for Children described this case the most significant children's rights decision of Irish courts in 15 years.

bhorkan@mhc.ie
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About Liam

Liam is a Partner in the Competition & Antitrust team with first-rate experience advising on all aspects of EU and Irish competition law, digital regulation and the incoming Irish foreign investment screening regime. Liam specialises in merger control, cartels, abuse of dominan...

About Liam

Liam is a Partner in the Competition & Antitrust team with first-rate experience advising on all aspects of EU and Irish competition law, digital regulation and the incoming Irish foreign investment screening regime. Liam specialises in merger control, cartels, abuse of dominance, competition litigation and State aid.

Liam has considerable experience advising regarding complex merger control and foreign investment screening reviews at EU and national level, and multijurisdictional antitrust investigations concerning cartels and abuse of dominance. Liam also advises clients about complex competition litigation proceedings actions before the Irish courts.

He routinely advises on other behavioural and regulatory matters such as distribution systems, co-operation agreements, and joint ventures. Liam also has extensive experience advising on all aspects of EU State aid law.

Liam advises across a multitude of industries including technology; financial services; life sciences; consumer products; aviation; energy; and natural resources and media and telecommunications.

Prior to joining Mason Hayes & Curran LLP, Liam gained invaluable international experience having previously worked at leading antitrust and competition practices at Freshfields Bruckhaus Deringer LLP in Brussels and Gibson, Dunn & Crutcher LLP in London where he advised on global merger control transactions requiring multi-jurisdictional review and large-scale antitrust investigations and enforcement proceedings. Liam also previously worked as senior associate in the EU, competition and regulatory group at another leading Irish law firm advising on all aspects of EU and Irish competition law.

lheylin@mhc.ie
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About Jennifer

Jennifer is a Partner in our Healthcare & Medical team. Specialising in the defence of complex catastrophic injury cases, she is known for her ability to distil intricate and multi-layered claims into core and manageable matters.

Jennifer practices primarily in the d...

About Jennifer

Jennifer is a Partner in our Healthcare & Medical team. Specialising in the defence of complex catastrophic injury cases, she is known for her ability to distil intricate and multi-layered claims into core and manageable matters.

Jennifer practices primarily in the defence of medical malpractice High Court actions. She is a skilled litigator with extensive experience in handling high value medical negligence actions on an urgent and fast-tracked basis.

Jennifer represents several major Irish hospitals on the instruction of the Clinical Indemnity Scheme of the State Claims Agency. She also represents private clients to include pharmaceutical and clinical laboratory entities. Prior to joining the firm, Jennifer worked for a well-known international law firm where she acted for two of the largest private medical indemnifiers.

jhenry@mhc.ie
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About Laura

Laura is a Partner in our Dispute Resolution team and is Head of our Data Solutions Group.

Laura has significant experience in the end-to-end management of all aspects of document review projects including Regulatory Investigations, High Court and Commercial Court disc...

About Laura

Laura is a Partner in our Dispute Resolution team and is Head of our Data Solutions Group.

Laura has significant experience in the end-to-end management of all aspects of document review projects including Regulatory Investigations, High Court and Commercial Court discovery projects as well as Data Access Requests.

Laura has advised clients in the management of large-scale discovery projects in high-profile regulatory investigations and civil disputes for professional services firm and financial institutions. Laura advises clients on all aspects of document preservation, filtering and production and in the use of AI to identify evidence and adopt the most efficient approach to document reviews. Laura has advised clients extensively in the use of AI in both civil disputes and criminal investigations as well as in the context of Data Access Requests.

Laura has over 15 years of experience as a commercial litigator dealing with complex, high-profile cases in the Irish Commercial Court including professional negligence claims, contractual disputes and product liability claims.

lherangi@mhc.ie
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