The Gazette 1995

GAZETIE AUGUST/SEPTEMBER 1995 ----------------------------------~---------------------------------------------- ~

accou nt for movements and give information if demanded by Garda - Person guilty of criminal offence if fails or refuses to answer questions - Nature and scope of common law right to si lence - Whether common law right had attained constitutional protection - Validity of restrictions placed on exercise of right - Principal of proportionality - Measures required to combat offences of a subversive nature which threaten State - Whether obi igation to account for movements interfered with presumption of innocence - Whether right to silence an unenumerated right - Offences Against the State Act 1939, s. 52 - Constitution of Ireland 1937, Articles 38, 40.1, 40.3.1 Extradition - Arrest - Re-arrest and detention - Validity of order of district judge authorising re-arrest of applicant - Evidence - Admissability– Whether citizen's rights protected if extradited to a jurisdiction where evidence obtained in violation of his constitutional rights might be given - Fair procedures - Constitution of Ireland 1937, Article 40.4 - Criminal Justice Act 1984, ss. 4, 10(1) - Extradition Act 1965 Z v. Director of Public Prosecutions Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JI) [1994] 2 ILRM 481 Right of an accused to receive a fair trial according to law - Essential elements of trial of criminal offence - Circum– stances in which pre-trial publicity constituted such an obstacle to a fair trial that an accused could demand the abandonment of trial - Whether there was a real or serious risk of an unfair trial - Removal of any risk by appropriate directions to jury - Constitution of Ireland 1937, Article 38 Practice - Hearing of application otherwise than in public - Courts (Supplemental Provisions) Act 1961, s. 45(1 )(a) - Constitution of Ireland 1937, Article 34.1 Daniel francis Larlcin v. Edward J O'Dea High Court (Morris I) [1994] 2 ILRM 448

existing count - Interpretation Act 1937, s. 14 - Criminal Procedure Act 1967, ss. 6(1), 8(2)

CRIMINAL

Criminal Justice Act 1994 (Section 32 110)(a» Regulations 1995 (SI No.1 04 of 1995) Section 32 of the Criminal Justice Act 1994 provides for certain measures to be taken to prevent money laundering (cf (1995) 13 ILT 119 for commence– ment). These Regulations prescribe certain bodies to be designated bodies . for the purposes of s. 32 of the Act. The regulations came into effect on 2 May 1995. Section 32 of the Criminal Justice Act 1994 provides for certain measures to be taken to prevent money laundering (cf (1995) 13 ILT 119 for commence– ment). These Regulations prescribe the accept-ance of deposits and other repay-able funds from the public as an activity to which s. 32(2) of the Act applies. The Regulations came into effect on 2 May 1995. Criminal Justice Act 1994 (Section 32 (10)(b» Regulations 1995 (SI No.1 05 of 1995) Criminal Justice Act 1994 (Section 32 (10)(d» Regulations 1995 (SI No.1 06 of 1995) Section 32 of the Criminal Justice Act 1994 provides for certain measures to be taken to prevent money laundering (cf (1995) 13 ILT 119 for commence– ment). These Regulations presecribe certain states and countries for the purposes of s. 32(6) of the Act. The Regulations came into effect on 2 May 1995. 0'8 v. Judge Michael Pattwell and the Director of Public Prosecutions Supreme Court (O'Flaherty, Egan and Denham JI) [1994] 2 ILRM 465 Procedure - Preliminary examin– ation - Statement of charges - Applicant charged with common law rape and unlawful carnal knowledge of girl under fifteen - Whether applicant liable to punishment in respect of same act - Aditional charge added by district judge - Whether district judge restricted to adding counts only in substitution for

COMMERCIAL

Stock Exchange Bill 1994 This Bill, presented by the Minister for Finance, has been amended in the Select Committee on Finance and General Affairs. It aims to repeal the Stock Exchange (Dublin) Act 1799 and the Stockbrokers (Ireland) Act 1918 and to make provision for the establ ishment, supervIsion and regulation of stock exchanges and their member firms and to provide for related matters. Minerals Development Bill 1995 This Bill was passed by Dail Eireann on 24 May 1995 (Cf (1995) 13 ILT 119.) Investment Intermediaries Bill 1995 This Bill, as presented by the Minister for Finance, aims to enable the Minister for Enterprise and Employ– ment and the Central Bank to act as supervisors for investment business firms. It is envisaged that the Minister for Enterprise and Employment will be the supervisor for investment intermediaries offering investment services other than insurance services, who do not have discretionary control over client funds and who deal only in certain defined investment products. The Central Bank is the intended supervisor for other investment. business firms. The Bill aims to meet obligations arising from the EU Investment Services and Capital Adequacy Directives.

CONSUMER

Package Holidays and Travel Trade Bill 1995 This' Bill was passed by Dail Eireann on 24 May 1995. (Cf (1995) 13 ILT 90.)

2

177

IRISH LAW TIMES, IULY 1 qqS