Reconfiguring the Pre-Trial and Trial Processes in Ireland in the Fight against Organised Crime

Abstract

This article describes and analyses the changes which have occurred to pre-trial detention and interrogation and to the trial process in Ireland as a result of the apparent threat posed by organised criminality. The templates for these measures often derive from extraordinary tactics first used against subversive paramilitary groups. However, while incursions have been made on protective procedural rights and rules, important safeguards remain which counterbalance such trends.

Keywords: Due process rights, Rules of evidence, Organised crime, State of emergency