CRIMINAL DEFENCE

• Right To Remain Silent

One of the fundamental concepts for the Irish legal system is that a defendant is innocent until proven guilty beyond all reasonable doubt. It is the duty of the Director of Public Prosections to provide evidence of the defendant’s guilt.

The Right to Remain Silent exists as a consequence of this and plays and is one of the corner stones of  Criminal Justice.

The defendant does not have to prove or disprove facts during a trial or interrogation. The accused is not required to answer any question, confirm any statement, nor testify in a trial at all.

You may have come across The Right to Remain silent depicted in popular American media in typical scenarios such as whereby the local sherif pulls over a suspicious vehicle and forms the view that a certain offence has been committed and utters the following well known statement:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

• In America the above statement is called a 'Miranda Warning', however in Ireland this statement is referred to as a 'Caution' and omits the right to a lawyer.

"You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."

• From the above statement you will see that the 'right to remain silent' is given effect by virtue of the phrase "you are not oblidged to say anything". A caution must be administered in respect of any statement the Gardai intend to rely against you at ANY STAGE in the criminal process before the courts.

• Your rights and duties regarding the Right to Remain Silent may be confusing, especially during a stressful time such as entering an interview with the Gardai or at your trial. We are available 24 hours a day, 7 days a week to support you with criminal legal advice, and will help you reach the best possible outcome for your case

• The Presumtion of Innocence - You Are Presumed Innocent!

• If you are charged of an offence you have the benefit of the presumption of innocence which means that you are innocent until proven guilty. The presumption of innocence is possibly one of the most remarkable legal concepts, it is an ancient conept and has stood the test of time to present day.

• Although not specifically stated in our constition, this concept is implicitly given effect under Article 31.1 that “no person shall be tried on any criminal charge save in due course of law”. 

• The presumtion of innocence is now well established under European Law, it is a  key element at the heart of fair trial rights protection under Article 6 of the European Convention of Human Rights ('ECHR').