REVINPRIN 1

'A Revolution in Principle': Assessing the impact of the new evidentiary exclusionary rule

Thank you for agreeing to participate in my Irish Research Council funded research into the operation of the exclusionary rule since the decision in JC v. DPP [2015] IESC 31. This survey should take 8-10 minutes to complete.

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* 1. How many years have you been practising criminal law?

0-5

6-10

11-15

16+

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* 2. Please select the courts where you practise most frequently?

District Court

Circuit Court

Central Criminal Court

Special Criminal Court

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* 3. JC v. DPP [2015] IESC 31 changed the law relating to the admissibility of unconstitutionally obtained evidence in this jurisdiction by introducing an exception based on 'inadvertence'. In your experience, how has the JC v. DPP case has been applied in practice?

In a predominantly inclusionary manner

In a predominantly exclusionary manner

In a varied manner, dependant on the circumstances of the case

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* 4. If your answer to the question above was 'in a varied manner', please outline briefly below the circumstances in which evidence may be included.

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* 5. Has the change in the exclusionary rule affected your advice to clients in terms of their decision to plead?

Yes

Other (please specify)

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* 6. If yes, please note briefly how this has changed.

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* 7. Is the new rule being applied only to search warrants or in the context of all breaches of constitutional rights?

All breaches of constitutional rights

Only to search warrants

Other (please specify)

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* 8. When JC is invoked, how do the prosecution generally establish ‘inadvertence’?

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* 9. In your view, is there scope to challenge an assertion of 'inadvertence' once asserted?

Yes

Other (please specify)

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* 10. The JC test includes a rebuttable presumption against the admission of evidence obtained in reckless or grossly negligent breach of constitutional rights. In your view does this act to mitigate the effects of JC in practice?

Yes, frequently

Yes, occasionally

Yes, but rarely

No, never

Other (please specify)

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* 11. The decision in JC indicates that in determining 'inadvertence' the court should consider not only the state of mind of the person collecting the evidence but that of his/her superiors. In your experience is this done in practice?

Yes, frequently

Yes, occasionally

Yes, but rarely

No, never

Other (please specify)

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* 12. In your view has JC and the new exclusionary rule impacted other procedural protections such as the right to legal advice?

Yes

Other (please specify)

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* 13. Hardiman J. in JC described the majority decision as a ‘revolution in principle’ and ‘a major step in the disengagement of this Court from the rights-oriented jurisprudence of our predecessors’. Do you agree?

Yes

Other (please specify)

REVINPRIN 1

'A Revolution in Principle': Assessing the impact of the new evidentiary exclusionary rule

Question Title

* 1. How many years have you been practising criminal law?

Question Title

* 2. Please select the courts where you practise most frequently?

Question Title

* 3. JC v. DPP [2015] IESC 31 changed the law relating to the admissibility of unconstitutionally obtained evidence in this jurisdiction by introducing an exception based on 'inadvertence'. In your experience, how has the JC v. DPP case has been applied in practice?

Question Title

* 4. If your answer to the question above was 'in a varied manner', please outline briefly below the circumstances in which evidence may be included.

Question Title

* 5. Has the change in the exclusionary rule affected your advice to clients in terms of their decision to plead?

Question Title

* 6. If yes, please note briefly how this has changed.

Question Title

* 7. Is the new rule being applied only to search warrants or in the context of all breaches of constitutional rights?

Question Title

* 8. When JC is invoked, how do the prosecution generally establish ‘inadvertence’?

Question Title

* 9. In your view, is there scope to challenge an assertion of 'inadvertence' once asserted?

Question Title

* 10. The JC test includes a rebuttable presumption against the admission of evidence obtained in reckless or grossly negligent breach of constitutional rights. In your view does this act to mitigate the effects of JC in practice?

Question Title

* 11. The decision in JC indicates that in determining 'inadvertence' the court should consider not only the state of mind of the person collecting the evidence but that of his/her superiors. In your experience is this done in practice?

Question Title

* 12. In your view has JC and the new exclusionary rule impacted other procedural protections such as the right to legal advice?

Question Title

* 13. Hardiman J. in JC described the majority decision as a ‘revolution in principle’ and ‘a major step in the disengagement of this Court from the rights-oriented jurisprudence of our predecessors’. Do you agree?

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* 14. Do you have any further observations which you would like to add?