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Exclusion of evidence: DPP (Walsh) v Cash

Daly, Yvonne Marie (2011) Exclusion of evidence: DPP (Walsh) v Cash. International Journal of Evidence and Proof, 15 . pp. 62-69. ISSN 1365-7127

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Abstract

In the arena of improperly obtained evidence the Irish courts have, for some time, operated one of the strictest, if not the strictest, exclusionary rules in the common law world where evidence is obtained in breach of constitutional rights. Through an interesting and intricate series of cases beginning in the mid-1960s with People (AG) v O’Brien [1965] IR 142 on to People (DPP) v Kenny [1990] 2 IR 110, and beyond, the legal basis for exclusion was established, considered and reconsidered. This case-note discusses the High Court and Supreme Court decisions in the latest in the line of such cases, DPP (Walsh) v Cash [2007] IEHC 108 (28 March 2007), [2010] IESC 1 (18 January 2010) and considers its impact on suspect rights and policing in the Irish pre-trial process.

Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:Law of Evidence; Exclusionary rule; Improperly obtained evidence; Fingerprint evidence; Police investigations
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Vathek Publishing
Official URL:http://www.vathek.com/ijep/home.php
Copyright Information:VATHEK PUBLISHING © 2011 Reproduced by permission of Vathek Publishing
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:16804
Deposited On:30 Jan 2012 11:32 by Yvonne Daly. Last Modified 02 Feb 2012 11:31

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