AuthorLaura Cahillane
PositionEditor in Chief
[2022] Irish Judicial Studies Journal Vol 6(2)
Fáilte go dtí an dara eagrán 2022. Following our special edition on the Judicial Council at the
beginning of the year, we return to our regular format of a mix of articles and book reviews
for this edition.
We begin with an article from Chief Justice Donal ODonnell who reflects on the European
Court of Human Rights Act 2003, nearly 19 years after its implementation. He identifies a
number of phases in the relationship between Irish law and the ECHR and looks back at
what has been achieved from a human rights perspective. He also writes about a potential
change in direction and approach in future human rights claims.
Michelle Smith de Bruin then examines some of the main features of the law engaged in
transnational defamation actions brought against defendants who are located in the
European Union and analyses recent Irish cases where individuals domiciled outside the EU
issued proceedings in the Irish courts; a situation now commonly referred to as ‘libel
John OConnor provides a fascinating insight into the developmental nature of children and
young persons who appear before the courts. Based on his doctoral research, this article
looks at current judicial practice, from multiple perspectives; those of judges, young people’s
probation officers (‘YPPO’), child offenders and child victims. It considers potential reform
of the Irish juvenile sentencing system and explores innovative sentencing practices in the
USA, New Zealand and in England.
In the next article, Marie Quirke provides some advice for judges, particularly those in the
Circuit Court, in dealing with GDPR matters. The Data Protection Act 2018 created a new
cause of civil action and made changes to civil procedure with the result that significant
responsibilities regarding the enforcement of key aspects of the GDPR have been vested in
the Circuit Court. The article guides the reader through these various changes, asking at the
end, whether the Circuit Court has become the epicentre of data matters.
On the very topical issue of victims in the criminal justice process, Liam ODriscoll looks at
the recent changes made to the Scheme of Compensation for Personal Injuries Criminally
Inflicted. He considers victims rights theory and the early development of victim
compensation schemes and then examines the Irish developments in light of international
standards and identifies some shortcomings which need to be addressed.
Moving from victims to the accused, the next article examines the treatment of suspects with
intellectual disabilities in Ireland. The authors stress the need for dialogue, training and
enculturation at all stages of the Irish criminal process and advice is offered to policymakers
on legislative and procedural reform that would align Irish criminal procedure with the
human rights exigencies mandated under international conventions.
Finally, in a piece that has disturbing parallels with the current state of affairs, Peter Charleton
writes about the Cuban Missile Crisis. This piece is well worth a read, as Theodore Rooselvelt
said: The more you know about the past, the better prepared you are for the future. These words are
echoed by Mr Justice Charleton in the abstract of this piece:, if we are to know the dangers

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