Ireland Case Law

Nevin -v- Governor Of Castlerea Prison and Anor, Kelly -v- Governor Of Limerick Prison and Anor, McDonagh -v- Governor Of Cloverhill Prison and Anor

The High Court refused Article 40 relief to David Nevin and Jonathan Kelly, but ordered Martin McDonagh’s immediate release after finding his bail hearing fundamentally unfair.

• Article 40.4.2° detention inquiries
• Bail hearings in district court
• Right to legal representation
• Opportunity to cross-examine
• Privilege against self-incrimination
• Remand pending criminal charges

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Poptoshev v The Director of Public Prosecutions & ors (Approved)

Poptoshev v The Director of Public Prosecutions & ors (Approved) [2026] IESC 24 (26 March 2026)

The Supreme Court ruled on costs after clarifying self-incrimination and digital access to devices, leaving High Court costs against the appellant but making no Supreme Court costs order.

• Privilege against self-incrimination
• Definition of computer
• Costs in constitutional litigation
• Judicial review
• Admissibility of evidence
• Self-incrimination

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The Director of Public Prosecutions v McDonald (Approved)

The Director of Public Prosecutions v McDonald (Approved) [2022] IESC 29 (30 June 2022)

The Supreme Court held that blood samples taken with consent after access to legal advice were not unlawfully obtained, and the conviction stood.

• Admissibility of forensic evidence
• Right to legal advice
• Self-incrimination
• Consent to forensic sampling
• Fair trial rights
• Forensic-evidence

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Director of Public Prosecutions -v- Burke

Director of Public Prosecutions -v- Burke [2019] IECA 239 (22 July 2019)

The Court of Appeal held that an answer compelled under s. 107 of the Road Traffic Act 1961 was admissible in a prosecution under the Act.

• Admissibility of compelled statements
• Right to silence
• Self-incrimination
• Proportionality test
• Road traffic offences
• Road-traffic-offences

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Director of Public Prosecutions -v- K.M.

Director of Public Prosecutions -v- K.M. [2016] IECA 283 (13 October 2016)

The Court of Appeal dismissed a criminal appeal, holding there was no breach of the right to silence and no error in declining a corroboration warning.

• Right to silence
• Corroboration warning
• Sexual offences
• Jury discharge
• Self-incrimination
• Right-to-silence

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Director of Public Prosecutions -v- M.J.

Director of Public Prosecutions -v- M.J. [2015] IECCA 3 (25 June 2015)

The Court of Criminal Appeal refused leave to appeal to the Supreme Court under s.29, finding no point of exceptional public importance in the appellant’s grounds.

• Admissibility of evidence
• Right to silence
• Self-incrimination
• Jury directions
• Section 29 certification
• Appeals process

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Director of Public Prosecutions -v- Keith Wilson

Director of Public Prosecutions -v- Keith Wilson [2014] IECCA 48 (27 November 2014)

The Court of Criminal Appeal dismissed Keith Wilson’s appeal, upholding his murder and firearm convictions and rejecting challenges to arrest, DNA evidence, and jury directions.

• Lawfulness of arrest
• Admissibility of dna evidence
• Jury directions
• Burden of proof
• Forensic evidence
• Self-incrimination

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Rogers -v- An Post

Rogers -v- An Post [2014] IEHC 412 (25 July 2014)

The High Court refused to restrain An Post’s disciplinary process pending a criminal retrial, holding the injunction would effectively decide the case and no exceptional unfairness was shown.

• Disciplinary proceedings
• Privilege against self-incrimination
• Natural justice
• Interlocutory injunctions
• Interlocutory-injunctions
• Disciplinary-proceedings

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Director of Public Prosecutions v Gormley, Director of Public Prosecutions v White

Director of Public Prosecutions v Gormley, Director of Public Prosecutions v White [2014] IESC 17 (06 March 2014)

The Supreme Court held that a suspect who requests a solicitor is entitled to postponement of questioning until legal advice can be given, but not to delay of compulsory forensic sampling.

• Right to legal advice
• Access to solicitor in custody
• Admissibility of evidence
• Self-incrimination
• Due process
• Forensic evidence

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Director of Public Prosecutions -v- Gormley, Director of Public Prosecutions -v- White

Director of Public Prosecutions -v- Gormley, Director of Public Prosecutions -v- White [2014] IESC 17 (06 March 2014)

The Supreme Court held that a detained suspect who requests a solicitor is entitled to have questioning postponed briefly for legal advice, but not ordinary forensic sampling.

• Right to legal advice
• Admissibility of evidence
• Due process
• Self-incrimination
• Access to solicitor
• Forensic evidence

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