The Criminal Justice Act 2007 - A Theoretical Perspective

Abstract

The phenomenon of crime, in particular organised crime, is a principal concern in twenty-first century Ireland and individual safety and public protection are of fundamental importance to citizens, communities and politicians. The Criminal Justice Act 2006 heralded far-reaching alterations to the justice system, and was soon followed with the publication in March 2007 of the Criminal Justice Bill 2007. This article seeks to place a selection of key provisions in the 2007 Act in a theoretical framework, using the work of a number of penological scholars, such as David Garland and Jonathan Simon. The extension of detention periods, the erosion of the right to silence, the expansion of State capabilities in bail applications, and the strengthening of the presumptive sentencing scheme in the Act are examined, and theoretical insights applied so as to conceptualise and clarify these developments.

Keywords: Criminal justice, criminal procedure, due process rights, politicisation of law and order