Sweeny v Ireland

JurisdictionIreland
CourtHigh Court
JudgeMs. Justice Baker
Judgment Date23 November 2017
Neutral Citation[2017] IEHC 702
Docket Number[2014 No. 6531 P]
Date23 November 2017

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3 cases
  • Sweeney v Ireland
    • Ireland
    • Supreme Court
    • 28 May 2019
    ...Charleton J. Finlay Geoghegan J. Supreme Court appeal number: S:AP:IE:2018:000079 [2019] IESC 039 High Court record number: 2014 6531 P [2017] IEHC 702 An Chúirt Uachtarach The Supreme Court Constitutionality – Offences Against the State (Amendment) Act 1998 s. 9(1)(b) – Right to silence – ......
  • DPP v Banks
    • Ireland
    • Court of Appeal (Ireland)
    • 20 December 2019
    ...found favour in the High Court in a challenge to the constitutionality s. 9(1)(b) of the Act of 1998 in the case of Sweeney v Ireland [2017] IEHC 702. However, shortly before the oral hearing of this appeal the Supreme Court overruled the High Court's judgment in the Sweeney case. There, in......
  • Lingurar v The Minister for Justice, Equality and Law Reform
    • Ireland
    • High Court
    • 8 February 2018
    ...respect of that affirmation decision. 4 The day before this case was originally due to be heard, Baker J. decided in Sweeney v. Ireland [2017] IEHC 702 (Unreported, 23rd November, 2017) that s. 9(1)(b) of the Offences Against the State (Amendment) Act 1998 was unconstitutional. 5 I have rec......
1 books & journal articles
  • Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 85-2, April 2021
    • 1 April 2021
    ...Ireland [2019] IESC 39. The Court overturned the High Court’s conclusion that s 9(1)(b) offended the consti- tutional right to silence. [2017] IEHC 702 (Baker J). 102. Heaney and McGuinness v Ireland (2001) 33 EHRR 12. The operation of inference-drawing mechanisms is a related area where th......