The Gazette 1984

GAZ E T TE

A PR II 10X4

without a warrant. Many criminal cases, especially those concerning alleged assaults on Ga r d a i. turn on whether the Ga r da was acting lawfully when lie made an arrest. This table will, therefore, be of great assistance, but it might be just as well to double cheek before relying on it. In a recent ease. Counsel specifically relied on this table, and argued that there was no power of arrest for dangerous driving, unless, of course, it caused serious injury. Unfortunately, the 1967 Road Traffic Act hail amended the 1961 Act. and the table did not advert to this fact. Additional lists of Statutory Powers of both Lntry and Search are included in the text of the book, and again, these should prove very useful. Many different aspects of the Criminal Process are covered in the book. There is a chapter dealing with the distinction between serious and minor offences, and this chapter does not. quite correctly in my opinion, lay too much stress on the distinction between felonies and misdemeanours. Further chapters deal with the Courts and the various limitations on jurisdiction. Lxtradition is only mentioned in passing, and this explains what appears to me to be a misreading of MciHinchcy's ease. Another chapter deals with the preparation of the Prosecution ease. I felt that the section on fingerprints was somewhat vague and I think it is important to point out that there are in fact no regulations gov erning the taking of finger- prints of suspected, as opposed to accused, persons. The fingerprints of a suspect may be taken unless he objects, and his prints can be used in ev idence against him. even though he is not informed by the Gardai that there is no obligation on him to give his prints. The section on the Walter Conan Ltd., Ac a d em i c - L e g a l - C i v i l - C l e r i c al R o b e ma k e r s. Telephone - 97I7.W- 971X87

BOOK REVIEW

"The Irish Criminal Process" by Edward F. Ryan and Philip P. Magee. Published by Mercier Press, 595p. 1983. Price IR£40.00. Criminal Law and Procedure in Ireland has undergone significant changes over the past twenty years. The law itself has become, mostly as a result of judicial decisions, much more complex and technical. There is a continuing tension between the desire to detect and convict wrong- doers on the one hand, and the safe-guarding of the personal rights of the citizen on the other. To some extent, the safe-guards are greater than those in England, and this is due in the most part to the existence of a written Constitution here. Solicitors have a much greater access to persons in custody in Ga r da Stations. Such persons cannot be held for questioning (except under certain "Eme r g e n c y" Legislation) and must be brought before a Court or other authority as soon as practicable. Legal Aid has been recognised as a constitutional right, and a duty has been placed on our Judges and Justices to inform an accused person of this right. On the other hand, the last eight years have witnessed to some extent at least a delimitation of these essential safe-guards. It has been held, for instance, that there is no obligation on members of the Ga r d ai to inform suspected persons of their right to have a solicitor attend at the Ga r da Station. The right to legal aid has been limited to accused persons, and therefore not available to suspects being held in Ga r da Stations. The Prosecution has been granted the right to appeal from acquittals of the Central Criminal Cou r t. 100 years of precedents have been disregarded in extra- dition cases, and the law in relation to the admissabilitv of statements and other evidence has been changed by successive Supreme Court decisions. A new book on our Criminal Process is therefore long overdue, and would indeed be of great assistance both to students and practitioners alike if it could bring some order to the chaos that is at present our Criminal Law. The book succeeds to a large extent in achieving this somewhat impossible aim. It consists of almost five hundred pages of text, which is well set out, and easily read. It also contains approximately one hundred pages of appendices, together with the usual tables of cases and statutes. The authors have obviously read very extensively and quote not only from Irish and English authorities, but also from decisions handed down in other jurisdictions. The appendices are extremely valuable. They contain several tables which would be of great assistance to practitioners. The table of indictable offences sets out the penalty for each offence, and indicates whether, and then in what circumstances, this offence may be triable summarily. When practising in the District Court one can often be unsure as to whether one's client can be dealt with by the District Court, and this table will therefore be very welcome. Similarly, in the higher Courts, there can often be doubt as to the ma x imum sentence for an offence, particularly in cases where the accused is convicted of a lesser offence on the indictment. No longer will be it necessary for devils to be sent scarpering off to the Law Library to discover the exact sentence applicable! A second table sets out the Statutory Powers of Arrest

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