[belfast]

"The new Criminal Justice Bill

Thu, Jul 02, 2009

THE ACTIVITIES of criminal gangs within our society are a cause of justifiable public concern and anger. The Government has adopted a two-pronged approach in response. First it announced the Criminal Justice (Surveillance) Bill which proposes to allow evidence obtained by covert surveillance to be used in court. And earlier this week it set out the terms of the Criminal Justice (Amendment) Bill which provides for the creation of new “scheduled offences” – linked to gang activity – to be tried in the Special Criminal Court.

These changes supplement the provisions of the Criminal Justice Act 2006, which makes it an offence to belong to a gang and the Criminal Justice Act 2007 which provides for mandatory sentences for a range of firearms offences. Both pieces of legislation were presented at the time of their enactment as the answer to the problem of organised crime.

For its part, this latest Bill contains a declaration that ordinary courts are inadequate for the effective administration of justice. However, the main example of this involved the intimidation of witnesses in a trial of a Limerick-based gang member. The problem was addressed in the 2006 Act, though by no means finally resolved, and it will not be resolved by this new Bill because witnesses will continue to have to give evidence in court.

Trying cases of organised crime in the judge-only Special Criminal Court (unless the DPP directs otherwise) removes a large chunk of serious crime from the normal jury courts system despite the fact that no evidence has been brought into the public domain of serious attempts to interfere with juries. Trial by jury is a fundamental part of our legal system, as mandated by the Constitution, in accordance with the centuries-old tradition of common law.

In contrast, when faced with threats to the jury system from organised crime, our neighbours in England and Wales enacted a law in 2003 allowing for non-jury trials in specific circumstances. The courts there have stated that departure from a jury trial can only be justified in exceptional circumstances and the first case under the 2003 Act is only now being heard.

Where gang members have faced trial in this jurisdiction, there has been no evidence of a reluctance on the part of juries to convict. And if there are fears for the safety of juries, there are measures that can be taken to protect them, short of their abolition. The new Criminal Court complex in Parkgate Street, Dublin, which is due to open in the autumn, has special provision for jurors. They will have totally separate facilities from the moment they enter the building, ensuring they cannot be contacted by members of the public or criminal associates."

rest of details below

https://www.irishtimes.com/newspaper/...249907265.html

"Criminal Justice Bill 'vulnerable'
CAROL COULTER, Legal Affairs Editor

The Criminal Justice (Amendment) Bill is vulnerable to constitutional challenge, according to a leading criminal lawyer."
rest of detail below
https://www.irishtimes.com/newspaper/...breaking55.htm

[belfast]

"Leading lawyers call for Bill on gangs to be withdrawn
MARK HENNESSY, Political Correspondent

Wed, Jul 08, 2009

LEADING CRIMINAL lawyers have called on the Government to immediately withdraw legislation to expand the use of the Special Criminal Court to tackle gangland crime.

In a letter to today’s Irish Times , the 133 defence and prosecution lawyers say they are seeking time for “a reasoned debate” on the issue.

Describing themselves as “extremely concerned” about Minister for Justice Dermot Ahern’s plans, the senior and junior counsel and solicitors say Ireland will eventually “be shamed” by the legislation before the United Nations and the European Court of Human Rights"
rest of details in the link below
https://www.irishtimes.com/newspaper/...4.html?via=rel

Criminal Justice Bill to allow evidence from former gardaí
https://www.irishtimes.com/newspaper/.../breaking4.htm

[Dakuta]

Banana Republic.

[belfast]

Originally Posted by Dakuta

Banana Republic.

Like headless chickens

One would question whether or not the government/gardai are responsible enough to use these new laws or will it become like America and those Rico laws??.

And what exactly constitutes a gang? are a bunch of growers like me, you and the people we swap genetics considered a gang?? we are after all involved in an activity that the state deems illegal.

All i know is that when the shower of fools in Leinster house try to rush through a piece of legislation we should all be worried.

[belfast]

Originally Posted by Cookie monster

One would question whether or not the government/gardai are responsible enough to use these new laws or will it become like America and those Rico laws??.

And what exactly constitutes a gang? are a bunch of growers like me, you and the people we swap genetics considered a gang?? we are after all involved in an activity that the state deems illegal.

All i know is that when the shower of fools in Leinster house try to rush through a piece of legislation we should all be worried.

3 people is a gang who share a common purpose that is mainly criminal.
The criminal activity can be a crime in Ireland or some done in Ireland that is a crime in another country.

Looks like positing here might be considered to be a crime under the new bill when it becomes law.

Well it's been singed in today, among other things the gardai, defence force and revenue commissioner can if they choose have access to our phone records, emails and lets not forget the new covert surveillance powers that have been granted.

Time to set up a proxy ip thingy me thinks, it will only be a matter of time before they use these new powers against otherwise law abiding growers.

Any one have any ideas or tips on how to protect our electronic communications from the nazi "free state".

[belfast]

Originally Posted by Cookie monster

Well it's been singed in today, among other things the gardai, defence force and revenue commissioner can if they choose have access to our phone records, emails and lets not forget the new covert surveillance powers that have been granted.

Time to set up a proxy ip thingy me thinks, it will only be a matter of time before they use these new powers against otherwise law abiding growers.

Any one have any ideas or tips on how to protect our electronic communications from the nazi "free state".

switch your DNS server to Open DNS https://en.wikipedia.org/wiki/OpenDNS

* 208.67.222.222 (resolver1.opendns.com)
* 208.67.220.220 (resolver2.opendns.com)
* 208.67.222.220
* 208.67.220.222

soon Santa will have to report any illegal act he see when visiting at christmass



Edit on second throught is he refereing to "MR Nice"

why do the defence force need the info.

The Gardaí and the tax people I can understand.

Are we now the enemy within.

No idea why the defence force was also granted permission to snoop, presumably something to do with the real criminal having links with the para-militares.

Dont worry about santa belfast i forgot to lock up the dogs last christmas eve.
Santa is currently feeding the worms in a shallow grave beside my compost heap.

That will teach the jolly f--ker to try n steal my cookies.

Cheers for the ip tip must go check it out.

[belfast]

Originally Posted by Cookie monster

No idea why the defence force was also granted permission to snoop, presumably something to do with the real criminal having links with the para-militares.

Dont worry about santa belfast i forgot to lock up the dogs last christmas eve.
Santa is currently feeding the worms in a shallow grave beside my compost heap.

That will teach the jolly f--ker to try n steal my cookies.

Cheers for the ip tip must go check it out.

I thought the defence force were only for external enemies.

The gardaí are the people who are setup to deal with para-militares.

The Santa in the poster is the replacement for the only that vanished last Christmas.

They had to get someone that was not so much of a push over.