Criminal Law Conference 2013

REUTERS/DARREN STAPLES

CRIMINAL LAW CONFERENCE 2013 WHEN WHERE CHAIR KEYNOTE

SATURDAY, 30 NOVEMBER 2013, 9.00AM TO 1.30PM NUMBER 6, KILDARE STREET, DUBLIN 2 THE HON. MR. JUSTICE KEARNS, PRESIDENT OF THE HIGH COURT INTRODUCTORY KEYNOTE SPEECH BY THE DPP, CLAIRE LOFTUS

PROGRAMME

• Inquests – Dr. Brian Farrell, Dublin District Coroner • Charging the Jury – Genevieve Coonan, BL • Rape, Sexual Assault and Child Sexual Abuse: Some Reform Orientated Considerations – Tom O’Malley, BL • High Time to Reconsider the Exclusionary Rule? – Mícheál P. O’Higgins, SC

EARLY BIRDS SAVE €40 EARLY BIRDS €225* STANDARD RATE €265

THIS CONFERENCE WILL DEAL WITH

THIS CONFERENCE IS OF INTEREST TO

THE CRIMINAL LAW IN RELATION TO:

SOLICITORS

• • • • • •

Inquests The Role of The Coroner Medico-Legal Death Investigation Recent Case Law and new Developments Article 2 compliant inquests (ECHR and Bunreacht na hÉireann) Legal Aid at Inquests: Recent Developments

• Partial Defences to Murder – Provocation, Excessive Force Self-Defence and Diminished Responsibility • Warnings regarding Delay, Corroboration and the Telling of Lies • Mitigating Prejudice caused by Media Coverage • Instructing the Jury on the Use of Section 16 Statements • Commenting on the Facts, Discussing Inferences and Defining Circumstantial Evidence • • • •

What constitutes consent for the purpose of rape and sexual assault?

Indecent conduct with or in the presence of children Persistent sexual abuse of children: problems for prosecutors and sentencers The need for a consolidated Sexual Offences Act

• • • • •

Unconstitutionally obtained evidence and DPP v Kenny 1990 2 IR 110 Who polices the police?

Severance of statements where solicitor excluded Developments in law on search warrants Supreme Court decisions in DPP (Walsh) v Cash 2010 1 IR 609, Damache v Ireland 2012 2 IR 266 and People (DPP) v A.D. 2012 2 IR 332

BARRISTERS JUDICIARY ACADEMICS AN GARDA SÍOCHÁNA GOVERNMENT DEPARTMENTS

ABOUT THE SPEAKERS TOM O’MALLEY, BL

GENEVIEVE COONAN, BL

Tom O’Malley is a barrister, a member of The Law Reform Commission and a Senior Lecturer in Law at NUI Galway. He has published widely in the areas of criminal law, criminal procedure and sentencing including The Criminal Process (Round Hall, Thomson Reuters, 2009) and Sentencing Law and Practice(Round Hall, Thomson Reuters, second edition, 2006). A new edition of his text Sexual Offences will be published by Round Hall in 2013.

Genevieve Coonan is a barrister specialising in criminal law and criminal law related matters (including proceeds of crime) and is co-author of The Judge’s Charge in Criminal Trials (Round Hall, Thomson Reuters, 2008) and Criminal Procedure in The District Court (Round Hall, Thomson Reuters, 2011). She has published widely on criminal law issues in both domestic and international law journals. She is a former head of research at the Judge’s Library and has taught in the Honourable Society of Kings Inns, the Institute of Public Administration, Dublin City University, Dublin Institute of Technology and in Independent Colleges.

DR. BRIAN FARRELL, DUBLIN DISTRICT CORONER

Dr. Brian Farrell is the Dublin District Coroner and past President of the Coroners Society of Ireland. A former consultant histopathologist and barrister-atlaw, Dr. Farrell is a member of the Coroners Society of England and Wales and the International Association of Forensic Toxicologists. Dr. Farrell is the only full time coroner in Ireland. He has served on a number of high level committees on the Review of the Coroners Service and Bioethics. Dr. Farrell is the author of Coroners: Practice and Procedure (Thomson Reuters Round Hall, 2000)

MÍCHEÁL P. O’HIGGINS, SC

Micheál O’Higgins SC specialises in criminal law and judicial review. He has published several articles in The Bar Review and The Irish Law Times, spoken at a various conferences for The Bar Council, The Office of The DPP and Round Hall, Thomson Reuters. He regularly delivers CPD seminars on crime, judicial review and extradition.

PROGRAMME CHAIRPERSON

The Hon. Mr. Justice Kearns, President of the High Court 9.00AM

REGISTRATION OF DELEGATES

9.30AM

INTRODUCTORY KEYNOTE SPEECH

The DPP, Claire Loftus

9.45AM INQUESTS

Dr. Brian Farrell, Dublin District Coroner • • • • •

The Role of The Coroner Medico-Legal Death Investigators Recent Case Law and new Developments Article 2 compliant inquests (ECHR and Bunreacht na hÉireann) Legal Aid at Inquests: Recent Developments

10.30AM

CHARGING THE JURY

Genevieve Coonan, BL • Partial Defences to Murder – Provocation, Excessive Force Self-Defence and Diminished Responsibility • Warnings regarding Delay, Corroboration and the Telling of Lies • Mitigating Prejudice caused by Media Coverage • Instructing the Jury on the Use of Section 16 Statements • Commenting on the Facts, Discussing Inferences and Defining Circumstantial Evidence

11.15AM

NETWORKING BREAK

11.45AM

RAPE, SEXUAL ASSAULT AND CHILD SEXUAL ABUSE: SOME REFORM ORIENTATED CONSIDERATIONS

Tom O’Malley, BL • What constitutes consent for the purpose of rape and sexual assault?

• Indecent conduct with or in the presence of children • Persistent sexual abuse of children: problems for prosecutors and sentencers • The need for a consolidated Sexual Offences Act

12.30PM

HIGH TIME TO RECONSIDER THE EXCLUSIONARY RULE?

Mícheál P. O’Higgins, SC • • • • •

Unconstitutionally obtained evidence and DPP v Kenny 1990 2 IR 110 Who polices the police?

Severance of statements where solicitor excluded Developments in law on search warrants Supreme Court decisions in DPP (Walsh) v Cash 2010 1 IR 609, Damache v Ireland 2012 2 IR 266 and People (DPP) v A.D. 2012 2 IR 332

1.15PM

Q&A

1.30PM

END OF CONFERENCE

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CRIMINAL LAW CONFERENCE 2013 SATURDAY, 30 NOVEMBER 2013, 9.00AM TO 1.30PM NUMBER 6, KILDARE STREET, DUBLIN 2 EARLY BIRDS SAVE €40 EARLY BIRDS REGISTRATION €225 (*this closes 14 November) STANDARD DELEGATE €265 Please complete a separate form for each delegate, photocopy if necessary.

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