ICCL Procedural Rights Fellowship | A Unique Opportunity in Human Rights Law and Advocacy

In January 2023, I joined ICCL as the 2023 Fellow, for a nine-month contract. ICCL were flexible in this work arrangement, allowing it to be balanced with a court-based practice that was often subject to last-minute change. My overall experience in this role was highly positive, thanks to the support of a wonderful team that consistently pushed me beyond my comfort zone.

Research & Legal Advice

The most enjoyable part of this role was undertaking research, and providing memos and advices on a range of legal topics for the team. This included the tasks specific for my role, but also extended to assisting colleagues in different divisions. On a given day, I might be asked to explain the concept of ‘certainty’ in criminal law, or to analyse draft legislation through the lens of constitutional law and to provide an opinion.

In practice at the Bar, there is a degree of separation between the practitioner and the Client when a legal opinion is provided. It was refreshing to work directly with the people seeking the legal opinion, and to explain legal concepts in an accessible way and face-to-face. In addition to providing written advices to various team members, I held a small information session on criminal law for team members that did not have a legal background.

Drafting Submissions

The submissions that I drafted for ICCL allowed me to step away from legal style and language, and to draft in a more persuasive and casual policy style. I drafted submissions for the Review of the Civil Legal Aid Scheme, as part of the Review Group’s stakeholder consultation. This work required me to research outside of my primary area of practice, criminal law, and to apply human rights standards to areas of civil law. In this piece, and certainly in most of my submissions, I was researching and analysing EU law, ECHR law, and domestic law.

I also provided submissions to the third stage debate on the Policing, Security and Community Safety Bill 2023, and drafted a response on behalf of ICCL to the reports of the Review Group for the Offences against the State Acts.

My drafting was not limited to submissions, but also included briefing documents for the Dáil debates on various stages of the Bills. I was a complete stranger to this type of work, and it was a valuable learning experience. This type of work was valuable to me in my own practice, as it developed my ability to critically analyse legislation for constitutional weaknesses.

Organising and Events

With the support of ICCL and the Irish Criminal Bar Association, I organised and moderated a CPD joint-event on ‘Criminal Procedure in the District Court’ – a barebones walkthrough of how to approach the District Court as a first- or second-year Devil. I chose the topic as it is a CPD that I wish I had available to me when I first came down to the library.

I must thank Amy Heffron BL for her valuable assistance in organising on behalf of ICBA, and the speakers Fergal Boyle of Ferrys Solicitors, Tara McLoughlin BL and Lydia Daly BL for creating such a successful event. It is the aspect of my work in the Fellowship that I am most proud of, and I am genuinely glad that I pushed myself to do it.

I also assisted in organising ICCL’s Special Criminal Court conference, which was held on 7th July 2023 at the offices of IHREC. Although my role was more supportive and administrative, I stepped up to Chair one of the panels as the Chair was unfortunately stuck abroad due to a cancelled flight the night before the conference. I was happy to step up in chairing this panel, and in moderating questions from the audience.

Conclusion: A Year of Growth

My work at ICCL over the last year has been broad and varied. It has involved not only research and drafting, but also practical legal advices, and advocacy in completely new styles. I have found it to be invaluable, not only in my own criminal practice, but also for further work and experience in human rights law. If you’re considering the ICCL Procedural Rights Fellowship, it’s a unique journey that can broaden your horizons and contribute to your professional growth.

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Learn more about The 2024 Fellowship

The Bar of Ireland – ICCL Fellowship will soon be seeking applications from interested candidates in Years 1-3 and who have a strong interest in criminal justice reform and practice.

• A primary aim of the Fellowship will be the professional development of a barrister who intends to practice in the area of criminal law.
• This Fellowship builds on the long relationship between The Bar of Ireland and ICCL and the mutual interest of both bodies in supporting the rule of law, and strengthening the protection of procedural rights in the Irish criminal justice system. The Fellowship also reflects the Bar’s strong support for the administration of justice, civil liberties and the protection of constitutional and human rights.

Practitioners in Years 1 – 3 will be notified directly, and via InBrief.