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IRELAND: Supreme Court alters rule for criminal trial evidence - Bar on use of evidence obtained in breach of a constitutional right has now been removed

17 April 2015

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"A hugely significant majority Supreme Court decision today has introduced a new rule concerning the admissibility of evidence in criminal trials.... By a four to three majority, the court granted an appeal by the DPP to alter a rule which had applied since the 1990 Supreme Court DPP v Kenny decision.

That rule effectively excluded all evidence obtained in circumstances where there was a breach of a constitutional right, whether or not that breach was deliberate or due to a mistake. The majority court decision introduces a new test which provides that evidence taken in deliberate and conscious violation of constitutional rights should be excluded except in certain exceptional circumstances."

See the article: Supreme Court alters rule for criminal trial evidence - Bar on use of evidence obtained in breach of a constitutional right has now been removed (Irish Times, link)

And see: Supreme Court Judgment (pdf), Dissenting view (pdf), Judgment of Mr. Justice Clarke delivered the 15th April, 2015 (pdf) and Information Note (pdf)

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