Private Prosecutions Ireland

A Guide to Exercising Your Constitutional Rights Under Article 40.4 of the Constitution of Ireland The Constitution of Ireland enshrines the fundamental right to personal liberty, making it one of the cornerstones of our democratic system. Article 40.4 provides robust protections against unlawful detention and ensures that individuals can challenge any infringement on their liberty through a constitutionally mandated process. This guide is intended to help individuals understand and exercise their rights under this provision effectively. Understanding Article 40.4 What Does Article 40.4 Guarantee? Article 40.4 of the Constitution protects personal liberty by providing a mechanism for individuals to challenge unlawful detention. It ensures that no one can be deprived of their liberty except in accordance with law. Key Provisions of Article 40.4.2° Upon complaint of unlawful detention, the High Court, or any of its judges, is required to inquire into the legality of the detention “forth...

  Framework for Accessing the High Court Under Article 34.1 with the Right to a Jury Trial The ability to convene a jury trial concerning allegations of malfeasance in public office by state employees and their legal representatives is a pivotal development in upholding constitutional principles. This framework leverages Article 34.1 and Article 38.5 of the Constitution of Ireland to establish a direct pathway to the High Court, ensuring accountability for significant breaches of statutory and constitutional duties by public officials. Constitutional Provisions Supporting Jury Trials Article 38.5: The Right to a Jury Trial Article 38.5 guarantees that: “No person shall be tried on any criminal charge without a jury.” This provision underscores the constitutional right to a fair trial in criminal matters, with exceptions only in specific cases outlined under Articles 38.2, 38.3, and 38.4. The presence of a jury reinforces the principles of natural justice and due process , ensur...

Free Personal Liberty Actions Through the Superior Courts On October 11th and 14th, 2024, the Central Office of the High Court, operated by the Courts Service of Ireland, refused to accept an application concerning an infringement of personal liberty under Article 40.4.1° of the Constitution of Ireland. The Courts Service incorrectly asserted that personal liberty could only be deprived in cases of physical detention, thereby conflating the provisions of Article 40.4.1° with those of Article 40.4.2°. This misinterpretation narrowed the scope of the constitutional protection, bypassing the foundational principle under Article 40.4.1°, which safeguards personal liberty at the point of any deprivation. During this period, the Central Office also closed its doors to the public, effectively obstructing access to justice—a fundamental right under the Constitution. This matter was ultimately brought before The Hon. Mr. Justice Brian Cregan on October 14th, 2024. The court clarified and affirm...

Private Prosecutions Ireland (PPI) was founded on a steadfast belief in accountability, fairness, and the rule of law. At its core is a commitment to uphold and defend the fundamental rights enshrined in the Constitution of Ireland—rights that are not mere ideals but solemn promises designed to ensure equality, dignity, and justice for every individual. Accomplishments in 2024 1. Advancing Access to Justice Through Free Personal Liberty Actions In October 2024, PPI achieved a groundbreaking High Court decision affirming that Article 40.4.1° actions—protecting personal liberty—are exempt from stamp fees. This victory removes financial barriers for citizens challenging violations of personal liberty, even outside physical detention, in the Superior Courts. By expanding access to justice, this milestone reinforces the inviolability of constitutional rights. 2. Establishing a Framework for Jury Trials in Public Misconduct Cases Utilizing Articles 34.1 and 38.5 of the Constitution, PPI...

  Private Prosecutions Ireland is here to guide you on your journey to justice and to assist you in removing all barriers between you and justice. Overview Under the Constitution of Ireland , everyone has the right to present their cases directly to the High Court. This guide provides detailed steps on how to exercise this right, citing relevant constitutional provisions and legislation. Step-by-Step Process Understand Your Rights The Constitution of Ireland permits presenting your case directly to the High Court pursuant to Article 34.3, seeking legal recourse under Article 40.3. Article 34.3 grants the High Court full original jurisdiction in all matters of law and fact, civil and criminal. Article 40.3 mandates the State to protect from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every individual. Preparation Gather Necessary Documentation: Collect all relevant documents, evidence, and information that support ...

Under the combined provisions of Section 10 of the Petty Sessions (Ireland) Act 1851 and Section 88 of the Courts of Justice Act 1924 , a Peace Commissioner in Ireland holds the authority to issue a summons requiring a state employee to appear in court to face formal accusations of committing an offense. Furthermore, Section 177 of the Criminal Justice Act 2006 removes the six-month limitation from the 1851 Act concerning summary offences, thereby allowing for the pursuit of indictable offences. Most offences in Ireland fall under the indictable category. You can contact the Department of Justice for your nearest Peace Commissioner here , we have nearly 7000 in Ireland, that's a ratio of 100 to 1 compared to District Court Judges, so access to Justice may be closer than you think ! If you have been the victim of a crime committed by an employee of the Irish State, follow these steps: Step-by-Step Process Step 1: Identify and Draft Information on Oath Identify Relevant Legislation...