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GAZETIE
AUGUST/SEPTEMBER 1995
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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
Daniel francis Larlcin v. Edward J
O'Dea
High Court (Morris I) [1994] 2
ILRM 448
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
IRISH LAW TIMES, IULY 1
qqS
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.
Criminal Justice Act 1994 (Section 32
(10)(b» Regulations 1995 (SI No.1 05
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
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)(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
2
existing count - Interpretation Act
1937, s. 14 - Criminal Procedure Act
1967, ss. 6(1), 8(2)
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.)
177