Courts / Ireland / Report

Suspects should have right to respond before charge, appeal court told

Date
2020-11-09
Stage
Appeal

Summary

In a 2020 Court of Appeal hearing, Brendan Grehan SC argued that a person suspected of a serious offence should be allowed to respond to allegations before being formally charged. He cited a case where a man was charged with reckless endangerment without being arrested or interviewed, leading his lawyers to claim he had no chance to present his side before trial. The trial judge acquitted him on that charge, stating the accused had been denied an opportunity to give a memo of interview to the jury and was forced into giving evidence. Grehan stressed that the right not to testify in defence requires an opportunity to respond to allegations prior to charge. James Dwyer SC, representing the Director of Public Prosecutions, countered that police discretion allows charging without prior interview. The Court of Appeal will issue a judgment later.

Who, what, where, when and why

What: Report matter: Suspects should have right to respond before charge, appeal court told. Procedural stage: appeal

When:

Case subjects

Unnamed accused

Accused

Places mentioned

Court Venue
  • Court of Appeal

Topics

Stage Appeal

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