1. Introduction- Legislative History/Overview Preliminary Stages of Investigation and Prosecution 2. Investigation - Vulnerable Complainants - Children and Persons with Mental Disorders Garda Interviews etc. Section 15 of the 2017 Act- assessments by members of An Garda Síochána about need for special requirements- linked to Ground Rules hearings Decision to Prosecute and Role of the Victim if Prosecution not Directed 3. Practice and Procedure where Accused is a Minor 4. Judicial Review proceedings and Sexual Offences / Prohibition of trial on the grounds of delay - when is judicial review an appropriate option as opposed to trial court / bars to a fair trial. 5. Disclosure - including counselling records 6.
Preliminary Hearings Ground Rule Hearings, Pre-Trial Hearings under 2021 Act Accommodations for Witnesses - Intermediaries, Video Link, Interpreters Trial of Offences 7. Reporting Restrictions and Restrictions on the Public Attending Court 8. Drafting the Indictment - Joining co-accused, sample counts and joining more than one complainant - Applications to sever the indictment/ for separate trials Similar fact evidence DPP v Clement Limens (2020 Supreme Court) 9. Cross examination of complainant and previous sexual history Recent legislative developments and case law Right to separate legal representation 10. Corroboration 11. Rule Against Hearsay and relevant exceptions, including Doctrine of Recent Complaint / previous statements 12. Misconduct Evidence of the Accused/ Character Evidence 13. Applications at Close of Prosecution Case Amending the Indictment Application for Directions Galbraith, bars to a fair trial - delay/ adverse publicity 14.
Judge's Charge Corroboration warning Delay Warning Requisitions on Charge for DPP v Cronin 15. Verdict Reporting Restrictions Re-trials Lifting of reporting restrictions after not guilty verdict / distinct position sexual offences Section 3: Sentencing 16. Sentencing I Guidelines, comparators and important decisions for sentencing principles and structure in each of the sexual offences (rape, sexual assault, indecent assault, defilement, exploitation, child pornography): Consideration of DPP v FE regarding rape guidelines Sentencing for Child Pornography 17. Sentencing II Common Aggravating and Mitigating Factors in all offences Concurrent/ Consecutive - Multiple Complainants/ Multiple Offences/ Totality Principle Question of Repeat Offenders Victim Impact Statements 18. Ancillary Orders Notification requirements Sex Offenders Act 2001 - when, how long, implications of failure to comply Sex Offender Orders under Part 3 of the 2001 Act - Separate Applications.