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Introduction to Law

  • Date Submitted: 04/07/2010 12:46 PM
  • Flesch-Kincaid Score: 60.9 
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Introduction
Frank is a 21 year old male from Dublin. He is a third year law student at Shysters Law College. He has no previous convictions or a criminal record. Frank has been charged with sexual assault under s.2 of the Criminal Law (Rape) (Amendment) Act, 1990[1]. The alleged incident took place two weeks ago, at night, in a car park outside a local night club. The plaintiff has accused Frank of “groping” her. However, Frank can only remember meeting the plaintiff and becoming involved in an argument which resulted in the plaintiff running back inside. There were no eye witnesses to the incident. On behalf of Sue Mee & Co. I shall inform Frank of the trial process he will face, advise him on his best course of action, and provide details about the appeals process and all the criminal enforcement mechanisms.

A)
Frank has been charged with sexual assault under s.2 of the Criminal Law (Rape) (Amendment) Act, 1990. Article 37.1 of Bunreacht Na hÉireann[2] implies that all criminal matters should be dealt with by the courts. Under the Criminal Justice Act 1951,s2(2)(a)[3] this type of case can be tried in the higher criminal courts, however it is considered under the act to be an ‘either way’ offence.

Before the trial starts
Before the case is heard the Garda Síochana will request a summons to be delivered to Frank by the District Court Clerk[4]. In the case of a summary offence the Garda Síochana must make this request within six months of the date of the alleged offence. The summons will outline the alleged felony and state the time and location of the offence. No other information will be passed by the prosecution to Frank. Following this a date will be set for the case to be heard. The location of Frank’s case will depend on the jurisdiction of the district court.

The District Court Trial Procedure
• The registrar of the district court will call Franks case by its name.
• Frank and his solicitor will be expected to stand up and make themselves...

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