Administration of Justice Flashcards
What article of the constitution sets out that we must have open justice?
Art 34.1
What does open justice mean?
People can come in and watch the case
What does hearing a case in camera mean?
Hearing it in private, certain reporters allowed stayed, clerk lawyers on both sides, members of public must go
Give 4 examples of when a case can be heard in private and explain the rational ?
Family Law
Rape
Incest/Sexual offences
Childcare
Secret manufacturing processes
Injunctions/emergency orders in the middle of the night
RATIONAL: Sensitivity, privacy and urgency of matter
On the civil side what piece of legislation governs cases being heard in private ?
1961 Courts act Section 45
On the criminal side name the legislations that governs cases being heard in private?
Criminal law rape act 1981
Incest procedings act 1995
What can be reported in a criminal law case?
Name
Address
Charge
Evidence
Verdict
Sentence
If you stray off that it will be contemption contempt
Can I bring a claim without using my own name
No except in Ms Jane Doe Case where she was given aids by a blood transfusion
What case established that open justice includes contemporaneous (reporting while the case is still going/ at same time/on the spot) reporting?
Irish Times sued judge murphy in cork
What case established that a case can prohibit color pieces without interfering with admin of justice?
The People(DPP) v Nevin April 2000 Central Criminal Court
