Master thesis - criminal law

mags__

Hi all,
I know it may sound weird, but looking for some help.
I used to live in Ireland for 5 years, then was back to Poland for 5 year study.
Anyway, to the point. I'm going to graduate law - I'm stuck with my master thesis. I'm comparing polish and irish law in a particular matter-treatment of sex offenders in Poland and Ireland. Went through the whole Internet searching for some info and I am stuck.
I will only need a little help - where can I find some more info? I found some Irish Acts, but not sure which are accurate and up to date.
Thanks a million,
MB

nuac

You are doing a Masters' on an aspect of Polish and Irish Law, yet you have not studied any Irish Law?

Perhaps you should discuss this with whoever is supervising your thesis

mags__

Of course, this is very popular and challenging to compare something, it is only a particluar matter - for example you can compare types of prisons etc.. I know that you don't have so many Acts beacuse Ireland and UK is based on common law, but I am sure there is something (like Sex Offenders Act in Ireland) where the whole thing is clarified.

I don't know why are you so surprised;)

Victor

Start here: http://www.irishstatutebook.ie/eli/1935/act/6/enacted/en/html and click on "Commencement, Amendments, SIs made under the Act"

Also 10.2.2 here: http://www.lawreform.ie/_fileupload/Classified_List/Class%20List%20of%20Acts%20with%20SIs%20v%2013.pdf

Also: http://www.lawreform.ie/welcome/criminal-law.381.html

You should check for consolidations ("restatements").

mags__

@Victor, thank you very much! Really appreciate - I found a lot of stuff, will list it tomorrow.

Samuel T. Cogley

Look up EWA cases (one in particular who's names escapes me!). The Mens Rea requirements should be a theme in your comparison.

mags__

Thank you! I wont be easy as in Poland we have a Criminal Code and you are based on Common Law, anyway this looks very interesting, so I will try my best.
In Poland it looks like that: (very shortly)
-smb commit a crime
-is found guilty and sentenced to prison; then goes under therapy system in prison (it is obligatory for sex offenders)
-when leaves the prison, court decides if it is OK to let him free or decides to put him back to special entity (for another 'therapy'),  (we have w special act for that which regulates the rules of treatment of persons with mental disorders causing a threat to life, health or sexual freedom of others- for example Leszek Pekalski (called Vampire from Bytow, you can google him, psychopatic murderer) was put over there for another couple of years as he is very dangerous and the probability of him commiting another crime is very high.
-Of course the person can be put (when leaving the prison and not being put in the special entity) under the supervision etc... Lots of opportunities
I want to see how it all goes in Ireland and if u use any therapy dedicated for sex offenders - how does it look like, how long it takes, what happens when the person is being released.

mags__

Thank you! I wont be easy as in Poland we have a Criminal Code and you are based on Common Law, anyway this looks very interesting, so I will try my best.
In Poland it looks like that: (very shortly)
-smb commit a crime
-is found guilty and sentenced to prison; then goes under therapy system in prison (it is obligatory for sex offenders)
-when leaves the prison, court decides if it is OK to let him free or decides to put him back to special entity (for another 'therapy'),  (we have w special act for that which regulates the rules of treatment of persons with mental disorders causing a threat to life, health or sexual freedom of others- for example Leszek Pekalski (called Vampire from Bytow, you can google him, psychopatic murderer) was put over there for another couple of years as he is very dangerous and the probability of him commiting another crime is very high.
-Of course the person can be put (when leaving the prison and not being put in the special entity) under the supervision etc... Lots of opportunities
I want to see how it all goes in Ireland and if u use any therapy dedicated for sex offenders - how does it look like, how long it takes, what happens when the person is being released.

mags__

I've found that as well;
http://www.citizensinformation.ie/en/justice/prison_system/sex_offenders_treatment_programmes.html
http://www.irishprisons.ie/index.php/prisoner-services/treatment-of-sex-offenders/
http://www.irishstatutebook.ie/eli/1996/act/38/enacted/en/print
http://www.irishstatutebook.ie/eli/1990/act/32/enacted/en/html
http://www.irishstatutebook.ie/eli/2017/act/2/enacted/en/html
https://books.google.pl/books?id=-0X0pHaRArEC&pg=PA61&lpg=PA61&dq=treatment+of+sex+offenders+in+irish+prison&source=bl&ots=S6aOmcKS4w&sig=Na53svbcrGaIGuOeYJGkjanPzHU&hl=en&sa=X&ved=0ahUKEwiu-Jy-0_7UAhUqI8AKHdLfDFw4ChDoAQhiMAk#v=onepage&q=treatment%20of%20sex%20offenders%20in%20irish%20prison&f=false
hope it is accurate and up to date.
Thanks again for your help:)

Really Interested

mags__ wrote: »

Thank you! I wont be easy as in Poland we have a Criminal Code and you are based on Common Law, anyway this looks very interesting, so I will try my best.
In Poland it looks like that: (very shortly)
-smb commit a crime
-is found guilty and sentenced to prison; then goes under therapy system in prison (it is obligatory for sex offenders)
-when leaves the prison, court decides if it is OK to let him free or decides to put him back to special entity (for another 'therapy'),  (we have w special act for that which regulates the rules of treatment of persons with mental disorders causing a threat to life, health or sexual freedom of others- for example Leszek Pekalski (called Vampire from Bytow, you can google him, psychopatic murderer) was put over there for another couple of years as he is very dangerous and the probability of him commiting another crime is very high.
-Of course the person can be put (when leaving the prison and not being put in the special entity) under the supervision etc... Lots of opportunities
I want to see how it all goes in Ireland and if u use any therapy dedicated for sex offenders - how does it look like, how long it takes, what happens when the person is being released.

Obligatory therapy is not a feature of the Irish system the court in Ireland can do the following sentence to prison time and or suspended sentence or apply the probation of offenders act unless the section of the act does not allow. Also a fine can if the act allows be imposed. In relation to registration on the sex offenders that can be imposed by the court if certain prison sentence is imposed. While the judge can ask that rehabilation be given if the guilty person does not want to partake then he or she can not be forced.

After doing a few EAW cases in Ireland what I found interesting in relation to the Criminal Code in Poland and Statutory provision in Ireland the code often is very similar to Irish statute.

The seperation of powers and the constitution mean that the goverenment can not usually tie the judges hands and the same for the judges not in reality being able to tell the prison service how to run their system.

I have been in court when a judge has been asked to direct the prison service to provide certain service for the prisoner and the judge has been very careful to say he can not direct just request.

Really Interested

mags__ wrote: »

I've found that as well;
http://www.citizensinformation.ie/en/justice/prison_system/sex_offenders_treatment_programmes.html
http://www.irishprisons.ie/index.php/prisoner-services/treatment-of-sex-offenders/
http://www.irishstatutebook.ie/eli/1996/act/38/enacted/en/print
http://www.irishstatutebook.ie/eli/1990/act/32/enacted/en/html
http://www.irishstatutebook.ie/eli/2017/act/2/enacted/en/html
https://books.google.pl/books?id=-0X0pHaRArEC&pg=PA61&lpg=PA61&dq=treatment+of+sex+offenders+in+irish+prison&source=bl&ots=S6aOmcKS4w&sig=Na53svbcrGaIGuOeYJGkjanPzHU&hl=en&sa=X&ved=0ahUKEwiu-Jy-0_7UAhUqI8AKHdLfDFw4ChDoAQhiMAk#v=onepage&q=treatment%20of%20sex%20offenders%20in%20irish%20prison&f=false
hope it is accurate and up to date.
Thanks again for your help:)

When you open any act you will see a button called "commencement amendments etc" that will tell you if a second has been commenced "made operative" and if the section has been amended and if any statutory instrument has effected it.

If a Act says in the body this act shall come into effect on such a date then it is commenced. If on the other hand a Act says this act shall commence when order by the minister then the act or certain sections only come in to effect when ordered. There are sections of acts from years ago that have never been commenced.

mags__

@Really Interested thanks a million - it helped mi to understand. Just to clarify, some of the sections of the act may be commenced even after couple of months/years? Or never commenced?
This is interesting difference as well- in Poland, when an Act says "This Act shall enter into force on ...." it applies till a new one is amended.
Any books to recommend?
Do u think It is ok to write to prison service to ask about a therepautic system? Like The Building Better Lives sex offender programme?

Victor

mags__ wrote: »

I've found that as well;
http://www.citizensinformation.ie/en/justice/prison_system/sex_offenders_treatment_programmes.html

Be very careful of Citizens Information as much of the content is simplified and while correct in general terms, may not reflect nuances.

mags__ wrote: »

@Really Interested thanks a million - it helped mi to understand. Just to clarify, some of the sections of the act may be commenced even after couple of months/years? Or never commenced?

This is usually done where other actions are needed to allow an act to work properly. So, when the Road Traffic Act changed speed limits on all roads and something like 58,000 new signs were needed. Arranging for all those signs took huge effort, but the details of the required signs was not known (or indeed the quantity appreciated) when the act was passed. So the act allowed the minister to specify a date when those sections of the act dealing with speed limits would come in to effect. Once the signs were bought and arrangements made for erecting them, a date was decided and the minister made an order specifying a date.

Similarly, if there is a criminal justice change, such a mechanism allows for the training of gardaí, updating computers and forms, etc.

There is one section of an act from the 1960s that was never commenced as it was felt it would place an undue / impractical burden on councils.

Really Interested

mags__ wrote: »

@Really Interested thanks a million - it helped mi to understand. Just to clarify, some of the sections of the act may be commenced even after couple of months/years? Or never commenced?
This is interesting difference as well- in Poland, when an Act says "This Act shall enter into force on ...." it applies till a new one is amended.
Any books to recommend?
Do u think It is ok to write to prison service to ask about a therepautic system? Like The Building Better Lives sex offender programme?

Yes some sections of some acts have never come into effect it can be very confusing.

Might be idea to write to Irish Penal Reform Trust http://www.iprt.ie they might be able to give you info. Also law reform commission have very good report would look at their website.

mags__

I've printed some stuff and will read it through the weekend.
I have to prepare an outline of my thesis before start to write, thank you very much for your kindness and help.
I will definetely come back with some questions next week