Law of Evidence at Ireland
In Ireland, the law of evidence governs what information can be presented in court to prove or disprove facts in both civil and criminal cases. This framework ensures fairness and transparency in legal proceedings.
📜 Key Sources of Irish Evidence Law
Evidence Act 1843 – Established foundational principles for the admissibility of evidence in Irish courts.
Evidence Act 1851 – Introduced provisions regarding the proof of previous convictions and the admissibility of certified copies of public documents. (Evidence Act, 1851)
Criminal Evidence Act 1992 – Addresses the admissibility of documentary evidence in criminal proceedings, including provisions for copies of documents and exceptions to the hearsay rule. (Documentary evidence)
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 – Introduced reforms to the use of business records as evidence in civil cases, allowing certain records to be admissible without the need for a witness to attend court. (Documentary evidence)
Law Reform Commission Reports – The Commission has published reports recommending reforms to evidence law, including proposals for technology-neutral rules regarding documentary and electronic evidence. (Law of Evidence)
📚 Types of Evidence in Irish Law
Real Evidence: Physical objects presented in court to establish facts.
Documentary Evidence: Includes written documents, records, and electronic communications. The Criminal Evidence Act 1992 allows for the admission of copies of documents in criminal cases, provided they are authenticated. (Documentary evidence)
Hearsay Evidence: Generally inadmissible, but exceptions exist, especially in criminal cases. The Criminal Evidence Act 1992 provides certain exceptions to the hearsay rule. (Hearsay - Irish Legal Guide)
Identification Evidence: Includes witness identification and forensic evidence like fingerprints and DNA.
Circumstantial Evidence: Indirect evidence that allows inferences to be drawn about the facts.
Privileged Evidence: Certain communications, such as between a solicitor and client, are protected from disclosure in court.
⚖️ Recent Developments
In April 2025, Hazel Behan, a rape survivor, criticized the practice of allowing defendants access to victims' counselling records during court proceedings. She joined TD Ruth Coppinger in advocating for the Prohibition of Counselling Records Bill, aiming to protect the confidentiality of therapy notes in gender-based violence trials. ('Criminal' that abusers can use victim's counselling notes, says rape survivor Hazel Behan amid Dail bid to end practice)
🧠 Further Reading
For a more detailed understanding of evidence law in Ireland, consider the following resources:
Citizens Information: Provides an overview of evidence types and admissibility in Irish courts. (Evidence)
Law Reform Commission: Offers insights into proposed reforms and consultations on evidence law. (Law of Evidence)
Irish Statute Book: Access the full text of key legislation such as the Evidence Act 1843 and 1851. (Evidence Act, 1851) (Evidence Act, 1843)
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