King's Inns BL Criminal Procedure key terms

The bundle served on an accused before trial in the Circuit Court or Central Criminal Court, containing the indictment, witness statements and exhibits relied on by the prosecution.

The order of the District Court sending an accused forward to a higher court for trial after considering the sufficiency of the evidence and, where applicable, the Book of Evidence.

The formal written charge presented in the Circuit Court or Central Criminal Court setting out the counts on which the accused is to be tried before a judge and jury.

A single distinct charge contained within an indictment or summons, each of which must be separately proved by the prosecution to the required standard.

A document issued by the District Court clerk requiring an accused to appear to answer a summary charge, typically served by registered post or by a member of An Garda Síochána.

The document on which a garda records the charge read over and explained to an arrested person, forming the basis for bringing the accused before the District Court.

An offence triable only in the District Court before a judge without a jury, subject to statutory limits on the penalties that may be imposed.

A serious offence normally tried on indictment before a judge and jury in the Circuit Court or Central Criminal Court rather than summarily in the District Court.

An offence that may be prosecuted either summarily in the District Court or on indictment, with the choice generally made by the Director of Public Prosecutions having regard to seriousness.

The independent statutory office that decides whether to prosecute, selects the charges and forum, and conducts prosecutions on indictment in the public interest.

A formal entry by the Director of Public Prosecutions discontinuing a prosecution on indictment, which does not operate as an acquittal and may permit later re-prosecution.

A common law plea that a person already acquitted of an offence cannot be tried again for the same offence, reflecting the constitutional protection against double jeopardy.

A plea barring prosecution of a person already convicted of the same offence, distinct from autrefois acquit but resting on the same double jeopardy principle.

The lawful detention of a person by a member of An Garda Síochána on reasonable grounds of suspicion, triggering statutory rights to information and access to a solicitor.

The holding of a person in custody at a garda station under statutory powers, subject to strict time limits, periodic review and rights of access to legal advice.

The warning administered to a suspect before questioning that anything said may be given in evidence, and that the suspect is not obliged to answer questions.

The privilege against self-incrimination entitling a suspect to decline to answer questions, though adverse inferences may in limited circumstances be drawn from silence.

A conclusion a court may draw from an accused's failure to mention facts later relied on in defence, or failure to account for presence at a particular place.

The suspect's entitlement to consult a solicitor before and during garda questioning, subject to narrowly defined statutory postponement in exceptional circumstances.

Questioning of a detained suspect at a garda station, normally electronically recorded, requiring caution and observance of statutory safeguards on treatment and legal advice.

The official register maintained at a garda station recording the times of arrest, detention, meals, visits, interviews and release of a person in custody.

The conditional release of an accused before trial, presumptively available unless refusal is necessary to secure attendance, prevent interference or protect the public.

Terms imposed when granting bail, such as a cash lodgement, curfew, reporting to a garda station or residence requirements, breach of which may lead to revocation.

An independent person who undertakes to pay a sum if the accused fails to comply with bail conditions, thereby providing an incentive to secure the accused's attendance.

The adjournment of a case with the accused either remanded in custody or on bail to a specified future court date pending further investigation or trial.

The prosecution's obligation to furnish the defence with material relevant to the case, including statements and unused material capable of undermining the prosecution case.

Information, whether testimony, documents or objects, tendered in court to prove or disprove a fact in issue, subject to rules of relevance and admissibility.

An out-of-court assertion tendered to prove the truth of its contents, generally inadmissible save under recognised exceptions such as dying declarations or business records.

The quality of evidence that a court will permit to be received, determined by relevance, statutory rules and any discretion to exclude unfairly obtained or prejudicial material.

The judicial power to refuse to admit evidence, notably where its probative value is outweighed by unfair prejudice or where it was obtained in breach of constitutional rights.

The principle that evidence obtained in deliberate and conscious breach of constitutional rights is inadmissible, subject to the recognised exceptions of extraordinary excusing circumstances.

The obligation on the prosecution in a criminal trial to prove every element of the offence beyond reasonable doubt; the accused bears only an evidential burden on certain defences.

The degree of certainty required to discharge the burden of proof, being proof beyond reasonable doubt for the prosecution in criminal proceedings.

The constitutional and Convention right of an accused to be treated as innocent until proven guilty by admissible evidence in a fair trial.

A trial within a trial conducted in the absence of the jury to determine a preliminary issue, such as the voluntariness of a confession or the admissibility of evidence.

The panel of twelve ordinary citizens sworn to determine the facts and return a verdict in a trial on indictment, acting under the judge's directions on law.

The decision of the jury or, in summary trial, of the judge, determining whether the accused is guilty or not guilty of each count.

The process by which the court imposes penalty after conviction, weighing aggravating and mitigating factors and any applicable presumptive minimum sentence.

A sentence of imprisonment imposed but not activated, on condition the offender commits no further offence within a specified period.

A community sanction placing an offender under supervision of the Probation Service for a period, often with conditions addressing offending behaviour.