Constitution of Ireland (1937, as amended 2015) (excerpts related to Fair Trial (Right to a)) (English)
CONSTITUTION OF IRELAND
(excerpts)
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TRIAL OF OFFENCES
Article 38
1 No person shall be tried on any criminal charge save in due course of law.
2 Minor offences may be tried by courts of summary jurisdiction.
3 1° Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.
2° The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.
4 1° Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion.
2° A member of the defence forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline.
5 save in the case of the trial of offences under section 2, section 3 or section 4 of this article no person shall be tried on any criminal charge without a jury.
6 the provisions of articles 34 and 35 of this constitution shall not apply to any court or tribunal set up under section 3 or section 4 of this article.
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Article 40
4 1° no citizen shall be deprived of his personal liberty save in accordance with law.
2° upon complaint being made by or on behalf of any person to the high court or any judge thereof alleging that such person is being unlawfully detained, the high court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the high court on a named day and to certify in writing the grounds of his detention, and the high court shall, upon the body of such person being produced before that court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.
3° where the body of a person alleged to be unlawfully detained is produced before the high court in pursuance of an order in that behalf made under this section and that court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this constitution, the high court shall refer the question of the validity of such law to the court of appeal by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the high court shall fix until the court of appeal has determined the question so referred to it.
4° the high court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the high court or, if he is not available, the senior judge of that court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only.
5° nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the defence forces during the existence of a state of war or armed rebellion.
6° Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.
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