Criminal proceedings in Ireland

There are different courts which deal with different crimes.
Which court the case will be sent to depends on how serious the crime is.

This is where an accused appears before the court to be charged. The alleged offences are put to them. This happens almost always at the District Court. At this first appearance, their barrister might request legal aid and ask for bail.

What is bail?

Bail is when an accused person is released because they or someone else has promised that they will appear in court for their trial. Bail is based on the principle that the accused is presumed (accepted as) innocent until proven guilty after a trial.

A person can be released on bail after being charged in court by the judge. The person is released with bail conditions that they have to keep until they reappear in court at a later date.

Why might an offender be released on bail?

A judge decides whether or not to keep an accused in custody (in jail) until the trial or to release them on bail.

Usually, when someone is denied bail, it is for one of the following reasons:

1. A belief that it is likely that they would not show up for the trial, that they are a “flight risk”.

2. A belief that it is likely that they will interfere with the witnesses.

3. A belief that it is likely that they will destroy evidence.

4. A belief, if the crime alleged is a serious crime, that it is likely that they might commit other serious crimes while on bail.

An accused person can appeal the decision not to be granted bail before the trial.

If an accused person has been sent forward for a trial in the Circuit Court or in the Central Criminal Court, the next day in court is the arraignment date.

On this day the case is called and the accused must indicate whether they are pleading either guilty or not guilty. If they plead not guilty, the judge sets a trial date. If they plead guilty the judge sets a sentencing date.

A pre-trial hearing can be requested by the judge or requested by the prosecution or the defence.

There can be more than one pre-trial hearing.

The aim of the pre-trial hearing is to avoid delays in the trial process and protect the interests of the victims.

The judge can assess:

1. The availability of witnesses for the trial

2. Whether any practical measures or technological equipment may be needed for the trial (for example any special measures for any of the witnesses)

3. The extent to which the trial is ready to go ahead (including whether there are any unresolved issues relating to disclosure of evidence)

4. The likely length of the trial

Disclosure: This is the process of the prosecution sharing of all relevant materials about the case and the investigation with the defence. The prosecution must share all of its materials on the case with the defence, including evidence it will not use at trial. This is so there can be a fair trial. This process can delay trials.

If an accused person pleads not guilty then there has to be a trial. The burden of proof is with the prosecution. This means that they have to prove that the accused is guilty of the crime “beyond reasonable doubt”. Beyond reasonable doubt is the standard of proof in a criminal trial. This means that there cannot be any doubt in the mind of the jury (or the judge in the District Court) whether the accused is guilty or not.

During the trial the prosecution will present its case. The defence will try to persuade the judge or jury that there are holes in the prosecution cases or raise doubts in their minds. The defence do not have to put forward their own version of evidence or their own evidence, as it is the prosecution’s job to present the case.

During the criminal trial, you do not have a right to give evidence unless you are giving evidence as a witness for the police.
You can only give evidence about facts that you know (what you saw, what you heard, what happened to you). You cannot give evidence about what someone else saw or heard. That kind of evidence is called ‘hearsay’ and there is a rule stating that you cannot give hearsay evidence.

1. Swearing in of the jury

On the first day of the trial a judge swears in a jury.

2. Opening the trial – the prosecution’s opening speech

Next, the prosecuting barrister makes an opening speech outlining their case.

3. The presentation of the prosecution’s case

Then the evidence begins:

• the prosecution presents their evidence first
• the defence can test the evidence by cross-examining the witnesses

If you are being called as a witness this is when you will be called.

4. Defence application of “no case to answer”

After the prosecution case finishes (after they have called all their witnesses), there is a possibility that the defence will make a special application. This is an application to the judge to withdraw the case from the jury and ask for a not-guilty verdict. This can happen if the defence makes the argument that there is not enough evidence for the jury to find the accused guilty or that the trial is unfair. This is called a “no case to answer” application.

If this application is unsuccessful the trial continues.

5. The presentation of the defence’s case

Next, the defence has an opportunity to present evidence. The defence does not have to present any evidence if they do not want to. The accused might choose to give evidence but they do not have to. This is because of the way our criminal justice system works. Our system puts the burden of proving a crime was committed on the prosecution. The defence does not have to prove they are not guilty. Only the prosecution has to prove that they are guilty.

If the defence does give evidence by calling witnesses or the accused to give evidence the prosecution can test the evidence by cross-examining the witnesses.

6. Closing speeches
Once all the evidence has been heard, each side makes a closing speech.

7. The judges’ charge
The judge then “charges” the jury by explaining to them the law and summarising the evidence.

8. The jury deliberate (discuss the evidence privately)

To find out more about the role of the jury see this website.

When the jury leaves the court after hearing the judge’s charge, the legal teams might “make requisitions” on the charge given by the trial judge. This means that they might ask the judge to clarify things they feel were either left out, vague or wrongly presented to the jury. The other side will give their view on whether they think the jury should hear this new or clarifying information.

9. The jury’s verdict
Then the jury makes their decision on guilt.

If the accused is found guilty a date will be set for sentencing. This means a date will be set on which the judge will decide and say officially what the punishment of the offender will be.

If the accused is found not guilty they are free to go. Remember that they are many reasons why an accused might be found not guilty. There is support available to you. See “Support services.

Different people will be in court, playing different roles. Let’s get to know them better.

Accused: This is the person who has been charged and accused of the crime. The case is happening to find out if they are guilty or not guilty. They sit opposite or facing the jury. They will only become a convicted offender if they are found guilty.

Barrister: A lawyer who either defends the accused person or prosecutes on behalf of the DPP/State. The barrister usually presents the case in court and can wear a long black gown. They are sometimes called ‘counsel’. The defence counsel sits on the side of the courtroom nearest the accused person and the prosecution counsel sits on the side of the jury.

Character witness: A witness who gives evidence on the character of the accused. This can happen during the trial or at sentencing.

Director of Public Prosecutions (DPP): The DPP prosecutes cases on behalf of the people of Ireland. The DPP is the public prosecutor and can also be called the State as they represent the State of Ireland. It is represented in court by the solicitor sitting closest to the jury box and the barrister sitting opposite the solicitor. This is the prosecuting legal team.

The DPP is in charge of prosecuting serious cases that are heard by a jury in the Circuit Criminal Court or the Central Criminal Court. Less serious cases are currently prosecuted in the District Court by lawyers representing the DPP or by members of the police service. The DPP gives general direction and advice in these cases and can give specific direction to the police if they request assistance.

The DPP does not give legal advice to members of the public. If you have a legal question, you can contact the Free Legal Advice Centre.

Expert witness: An expert can give evidence of their opinion on a subject that is outside of the ordinary knowledge of the judge and jury. This type of professional witness has expertise in relation to the subject they are giving evidence about. For example, they could be an expert in medicine or forensic science and their evidence will be about this area.

Judge: The judge oversees a case in court and sets the sentence if the accused is found guilty. In the District Court and the Special Criminal Court the judge (or judges) decide on whether or not the accused is guilty and what the sentence will be. In the Central Criminal Court and the Circuit Criminal Court it is the jury who decides whether or not the accused is guilty. The judge then decides on what the sentence will be. The judge makes sure both sides are playing by the rules so that there is a fair trial. If there is a legal argument, the jury leaves the court and the judge decides on the issue.

Judicial Assistant: The Judicial Assistant helps the judge with research and sits to the side of the judge.

Jury: A group of 12 people who listen to the evidence given by both sides and determine what the facts are. They are responsible for deciding if a person is guilty or not guilty of an offence/crime (in all courts apart from the District Court and the Special Criminal Court). They do not give a reason for their decision. They do not play any role in deciding on the sentence.

Media: Journalists who sit in court and report on cases. Legitimate journalists can always sit in all cases even if they are being held in private (in camera). However, there are some restrictions on what details about the accused and the victim they can report on if the case is sensitive, for example in sexual violence cases. The judge can make an order saying that the details of a Victim Impact Statement are not to be published by the media.

Police: An Garda Síochána is the Irish police service. In the District Court the police prosecute crimes. In higher courts they investigate and the prosecution legal team prosecute. The police might appear to give evidence.

Prison officer: If the accused has come from prison to court, a prison officer will accompany them during the court case.

Public: Members of the public can sit in court and observe. However, there can be times when the public is not allowed in. An example is where the offender is a minor and proceedings are held “in camera” (in private).

Registrar: The Registrar sits in front of and assists the Judge. They call the case and record names of witnesses or decisions in cases. They assist witnesses in taking the oath or affirmation.

Solicitor: A lawyer who either defends the accused person or prosecutes on behalf of the DPP. The solicitor prepares the case for court and sits opposite the barrister in court. The defence solicitor sits on the side of the courtroom nearest the accused person and the prosecuting solicitor sits closest to the jury.

Victim: The person who the crime/offence has been carried out against. They might have suffered different types of harm as a result of the crime such as physical or emotional harm or suffered or economic loss which was directly caused by a criminal offence.

The family members of a person whose death was directly caused by a criminal offence are also considered victims of crime.

Witness: A witness can be called to give evidence relating to the offence by either side (the DPP or the defence). They will first be questioned by the side who called them (examination in chief). The other side will then have an opportunity to question them again (cross-examination). Witnesses cannot give their opinions, only evidence on facts within their knowledge.

You should not post any information online about your trial or the crime. If the jury can see information about it the trial on social media, the judge could decide that this could make the trial unfair. It could even lead to a trial not going ahead. This is because of the “Sub Judice” rule [hyperlink to glossary]. “Sub Judice” means something that is being examined by a judge. While something is “Sub Judice” you should not share information it online or anywhere. This rule begins from the start of criminal proceedings, so when the accused is charged with a crime.

The accused can choose to give evidence themselves (“testify”) if they want to. They do not have to give evidence.
This might seem unfair, especially if you had to give evidence. However, this is because it is the prosecution’s job to prove the case beyond a reasonable doubt. The defence does not have to prove anything and does not have to present their own evidence if they do not want to. All they have to do is raise doubts or pick holes in the prosecution’s case. It is important to remember that the accused might not give evidence and that this is normal in our system.

Special measures can be put in place when a victim has been assessed and granted protection.

If you are afraid to come to court because you are being intimidated or do not wish to see whoever committed the crime in court, the court can exclude them from the courtroom and your identity can be protected. For example, you can give your evidence using a video-link.

For more information see Rights when giving evidence at trial

When it is time to give your evidence, your name will be called and you will walk up to the witness box. There, the Registrar will ask you to swear an oath on the Bible or your own religious text or to affirm (or promise) (if you are not religious) to tell the truth.

Know what to call people

• When you are speaking or replying to the judge, you can call them “judge”. In Ireland, we do not call judges “your Honour”.
• When you are speaking or replying to the barristers asking you questions, you can call them “counsel” or by their name, for example, Ms Burke.

Listen well and take your time when speaking

• Keep calm and talk slowly into the microphone so everyone can hear you.
• Listen carefully to any questions you are asked.
• It is okay and normal to feel nervous. You are just answering the questions you are being asked.
• If at any time you are upset or feel overwhelmed and need a break, you can ask the judge.

Ask questions if you need to

• Do not be afraid to ask the barrister to repeat any questions they ask you if you are unclear about anything.
• If you are asked a question you do not know the answer to, just tell the barrister you do not know.

Say what you know to be true

• Give as much detail as you can remember correctly.
• Only give details of facts that you know to be true.
• When testifying, you will be asked questions that might make you feel uncomfortable and could upset you. Know and get support if you need it. You can find details of support organisations on this website under Support Services.
• Remember you are only telling the judge and jury what happened and you are not responsible for any decisions made as a result of your evidence. That is the responsibility of the jury and/or the judge.

There are two main outcomes of a trial. Either a guilty verdict when the case has been proven. Or, a not-guilty verdict when the case has not been proven against a person.

If the accused is found to be guilty the judge will give them some form of punishment which is called a sentence.

In the District Court, this might happen right away after the judge decides on a verdict after the evidence. However, in higher courts, the case might be put back (adjourned) until a later date for the sentencing. The prosecution will seek to put the date back so you have time to prepare your Victim Impact Statement. This time is also used so the judge has time to gather reports and information (for example from the probation service).