"Internment by remand"

Contra Proferentem

Recently with all the attention being given to dissident republicans and their actions, I see that they use the term "interment by remand" in what I imagine is an attempt to draw parallels with the 1970s internment in Northern Ireland.

In once instance, they claim a person was on remand for up to four year. What exactly do they mean by the term and what is it in reality? It's popped up with the arrest of a suspect in the murder of Constable Ronan Kerr in the past few days as they expect this suspect to be held on remand.

Obviously I know the legal theory is that you get a bail hearing in the courts and bail is set at a certain amount, or else you are denied bail because you are a flight risk or pose a threat to witnesses, etc.

MagicSean

Probably a dissident republican term used to make them feel like victims of something.

Contra Proferentem

k_mac wrote: »

Probably a dissident republican term used to make them feel like victims of something.

That's what I expected but I'm interested in if they're any legal argument concerning it. They cite EU Human Rights reports, yet I can't find anything remotely related to this issue.

Wolfe Tone

Anyone have any thoughts on this?


Basically what happens is that they are denied bail and remain in jail until their trial which can take a long time to come about.

Personally I loath the idea of someone being punished(they are in prison, the harshest punishment we have) for such a long time despite not being convicted of anything. Makes a mockery of the presumption of innocence. In addition you cant even claim compo for that time if you are found innocent!

And often they are in jail solely on the word of the Gardaí, I'm not happy with that either, too much power.

Our man in Havana

If they didn't join questionable organisations they would not have the trouble.

Wolfe Tone

Our man in Havana wrote: »

If they didn't join questionable organisations they would not have the trouble.

Well you see thats the point... I assume you refer to the various political groups.

So what are they right and it is in effect political policing?

MagicSean

Wolfe Tone wrote: »

Anyone have any thoughts on this?


Basically what happens is that they are denied bail and remain in jail until their trial which can take a long time to come about.

Personally I loath the idea of someone being punished(they are in prison, the harshest punishment we have) for such a long time despite not being convicted of anything. Makes a mockery of the presumption of innocence. In addition you cant even claim compo for that time if you are found innocent!

And often they are in jail solely on the word of the Gardaí, I'm not happy with that either, too much power.

Bail isn't refused solely on the word of a Garda.

Our man in Havana

It is in the cases of members of a proscribed organisation. A superintendent can give evidence that the defendant is a member of a proscribed organisation. That is good enough for the special criminal court.

MagicSean

Our man in Havana wrote: »

It is in the cases of members of a proscribed organisation. A superintendent can give evidence that the defendant is a member of a proscribed organisation. That is good enough for the special criminal court.

Not if it's the only evidence. As far as I'm aware it needs to be supported by some other firm of evidence.

voter1983

It's a chief superintendent that has to give evidence of belief that a persons a member of an illegal organisation