Yvonne Daly

Prof

Profile Photo

Yvonne Daly, BCL (University College Cork), PhD (Trinity College Dublin) is Professor of Criminal Law and Evidence in the School of Law and Government at Dublin City University. 


Professor Daly is an expert on criminal evidence and procedure, with a specific research focus on effective criminal defence and the legal regulation of criminal investigations. She engages in detailed doctrinal and comparative work across European and international jurisdictions, and empirical research which explores the law in action, as compared with the theory. Her research is grounded in fundamental human rights instruments, such as the Irish Constitution and the European Convention on Human Rights, and advocates for the practical and effective protection of individual rights, specifically in relation to suspects under criminal investigation.  


Professor Daly is committed to research with real-world impact and her research on access to legal assistance in police custody, on the right to silence, and on the consequences of improperly obtained evidence has been foundational in the creation of training for police station lawyers, which is now in use in Ireland, Belgium, the Netherlands, and Scotland. 


Professor Daly is also very interested in legal education and has written a number of articles in this area, and is co-editor of Teaching Evidence Law: Contemporary Trends and Innovations (Routledge, 2020) with Prof Jeremy Gans (Melbourne Law School) and Prof P.J. Schwikkard (University of Cape Town).

Edited Book

Year Publication
2020 Yvonne Daly, Jeremy Gans, PJ Schwikkard (Ed.). (2020) Teaching Evidence Law Contemporary Trends and Innovations. London: Routledge, [Link]
2016 Dr Yvonne Daly, Dr Deirdre Healy, Dr Claire Hamilton, Dr Michelle Butler (Ed.). (2016) The Routledge Handbook of Irish Criminology. Abingdon: Routledge, [Link]

Book

Year Publication
2010 Vicky Conway, Yvonne Daly, Jennifer Schweppe (2010) Irish Criminal Justice: Theory, Process and Procedure. Dublin: Clarus Press.

Book Chapter

Year Publication
2021 Yvonne Marie Daly (2021) 'The Offences Against the State Acts and International Human Rights' In: The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?. Oxford : Hart. [Link]
2020 Yvonne Daly (2020) 'Using mock voir dires to teach and assess the Law of Evidence' In: Teaching Evidence Law Contemporary Trends and Innovations. London : Routledge. [Link]
2020 Yvonne Daly, Jeremy Gans, and PJ Schwikkard (2020) 'Taking Evidence Teaching Seriously' In: Teaching Evidence Law Contemporary Trends and Innovations. London : Routledge. [Link]
2020 Yvonne Daly, Jeremy Gans, and PJ Schwikkard (2020) 'The Horizon of Evidence Law Teaching' In: Teaching Evidence Law Contemporary Trends and Innovations. London : Routledge. [Link]
2017 Yvonne Marie Daly (2017) 'Commentary on The Report of the Tribunal of Inquiry into ‘The Kerry Babies Case’' In: Irish Feminist Judgments: Judges’ Troubles and the Gendered Politics of Identity. Oxford : Hart Publishing.
2016 Dr. Yvonne Marie Daly and Prof John Jackson (Nottingham) (2016) 'The Criminal Justice Process: From Questioning to Trial' In: The Routledge Handbook of Irish Criminology http://www.routledge.com/books/details/9781138019430/. Abingdon : Routledge.
2013 Cras A.;Marie Daly Y. (2013) 'Ireland: A move to categorical exclusion?' In: Exclusionary Rules in Comparative Law. [DOI]
2014 Dr. Yvonne Marie Daly (2014) 'Criminal Evidence' In: Byrne, R and Binchy, W(Eds.). Annual Review of Irish Law 2013. : Thomson Round Hall.
2013 Dr Yvonne Marie Daly (2013) 'Criminal Evidence' In: Byrne, R. and Binchy, W(Eds.). Annual Review of Irish Law 2012. : Thomson Round Hall.
2012 Dr. Yvonne Marie Daly (2012) 'Criminal Evidence' In: Byrne, R. and Binchy, W(Eds.). Annual Review of Irish Law 2011. : Round Hall.
2011 Dr. Yvonne Marie Daly (2011) 'Criminal Evidence' In: Byrne, R and Binchy, W(Eds.). Annual Review of Irish Law 2010. : Thomson Round Hall.
2010 Dr. Yvonne Marie Daly (2010) 'Criminal Evidence' In: Byrne, R and Binchy, W(Eds.). Annual Review of Irish Law 2009. : Thomson Round Hall.
2009 Dr. Yvonne Daly (2009) 'Procedure Update: Garda Investigations and the Use of Evidence at Trial' In: Prof Ivana Bacik and Dr Liz Heffernan(Eds.). Criminal Law and Procedure: Current Issues and Emerging Trends. : Firstlaw.
2008 Yvonne Marie Daly (2008) 'Recording and Representation: The Interrogation of Suspects in the Irish Pre-Trial Process' In: Eoin O'Dell and Geoffrey Shannon(Eds.). Law and Practice: Essays on Reform. : Clarus Press.

Peer Reviewed Journal

Year Publication
2022 Yvonne Daly, Ciara Dowd, Aimée Muirhead (2022) 'When you say nothing at all: Invoking inferences from suspect silence in the police station'. International Journal of Evidence and Proof, 26 (3):249-270. [Link] [DOI]
2022 Yvonne Daly (2022) 'Eyeballing Rights: Special Measures and the “Interests of Justice” under the Criminal Evidence Act 1992'. Dublin University Law Journal, 43 (1):41-62.
2021 Vicky Conway;Yvonne Daly;Gearóidín McEvoy (2021) 'Interpretation in Police Stations: Lawyers’ Perspectives on Rights and Realities'. Journal of Human Rights Practice, 13 (3):606-628. https://doi.org/10.1093/jhuman/huab035
2021 Daly, Y.;Conway, V. (2021) 'Selecting a lawyer: the practical arrangement of police station legal assistance'. Journal of Law and Society, . [Link] [DOI]
2021 Yvonne Daly, Anna Pivaty, Diletta Marchesi, Peggy ter Vrught (2021) 'Human Rights Protections in Drawing Inferences from Criminal Suspects’ Silence'. Human Rights Law Review, . [Link]
2021 Anna Pivaty, Ashlee Beazley, Yvonne M Daly, Laura Beckers, Dorris de Vocht, Peggy ter Vrught (2021) 'Opening Pandora’s box: The right to silence in police interrogations and the Directive 2016/343/EU'. New Journal of European Criminal Law, 12 (3):328-346. [Link] https://doi.org/10.1177%2F20322844211028304
2021 Anna Pivaty, Ashlee Beazley, Yvonne M Daly, Dorris de Vocht, Peggy ter Vrught (2021) 'Strengthening the protection of the right to remain silent at the investigative stage: what role for the EU legislator?'. New Journal of European Criminal Law, 12 (3):427-448. [Link] https://doi.org/10.1177%2F20322844211028319
2021 Yvonne Daly (2021) 'Ireland: Curtailment of the Right to Silence through Statutory Adverse Inferences'. New Journal of European Criminal Law, 12 (3):347-364. [Link] https://doi.org/10.1177%2F20322844211028308
2020 Yvonne Marie Daly (2020) 'Knowledge or Belief Concerning Consent in Rape Law: Recommendations for Change in Ireland'. Criminal Law Review, (6):478-496.
2020 Pivaty A.;Vanderhallen M.;Daly Y.;Conway V. (2020) 'Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements'. International Journal of the Legal Profession, 27 (1):25-44. [Link] [DOI]
2019 Vicky Conway and Yvonne Daly (2019) 'From Legal Advice to Legal Assistance: Recognising the Changing Role of the Solicitor in the Garda Station'. .
2019 Daly, Yvonne Marie (2019) 'Detained suspects, prepared statements and the right to silence: DPP v M [2018] IESC 21'. Irish Supreme Court Review, 1 :205-221.
2015 Yvonne Marie Daly (2015) 'Overruling the protectionist exclusionary rule: DPP v JC'. 19 :270-280.
2014 Daly Y. (2014) 'The right to silence: Inferences and interference'. Australian and New Zealand Journal of Criminology, 47 (1):59-80. [DOI]
2013 Yvonne Daly (2013) 'Independent issuing of search warrants: Damache v DPP'. 17 :114-122.
2012 Dr. Yvonne Marie Daly (2012) 'There is such a thing as Bad Publicity: Modern Media Coverage and the Right to a Fair Trial'. CRIMINAL LAW AND PROCEDURE REVIEW, .
2011 Dr. Yvonne Marie Daly and Dr. Noelle Higgins (2011) 'The Place and Efficacy of Simulations in Legal Education: A Preliminary Examination'. AISHE-J: THE ALL IRELAND JOURNAL OF TEACHING AND LEARNING IN HIGHER EDUCATION, 3 :58.1-58.20.
2011 Daly Y. (2011) 'Judicial oversight of policing: Investigations, evidence and the exclusionary rule'. Crime, Law and Social Change, 55 (2-3):199-215. [DOI]
2011 Dr. Yvonne Marie Daly (2011) 'Police and Judicial Functions: Recent Developments in Criminal Procedure'. CRIMINAL LAW AND PROCEDURE REVIEW, 1 :22-47.
2011 Dr. Yvonne Marie Daly (2011) 'Victim Participation in the Criminal Process'. NEW ZEALAND LAW JOURNAL, .
2011 Yvonne Marie Daly (2011) 'Exclusion of evidence: DPP (Walsh) v Cash'. 15 :62-69.
2010 Dr. Yvonne Marie Daly and Dr. Noelle Higgins (2010) 'Simulating the Law: Experiential 'Teachniques' in the Modern Law Curricula'. Research in Education, 84 .
2009 Dr. Yvonne Marie Daly (2009) 'Is Silence Golden?: The Legislative and Judicial Treatment of Pre-Trial Silence in Ireland'. Dublin University Law Journal, 31 :35-65.
2007 Yvonne Marie Daly (2007) 'Silence and Solicitors: Lessons Learned from England and Wales?'. Irish Criminal Law Journal, 17 .
2006 Yvonne Marie Daly (2006) 'Does the Buck Stop Here?: An Examination of the Pre-Trial Right to Legal Advice in light of O'Brien v D.P.P'. Dublin University Law Journal, 13(1) .
2004 Yvonne Marie Daly (2004) 'The Criminal Justice Bill, 2004: No Step Forward, Two Steps Back'. Irish Criminal Law Journal, 14 .
2003 Yvonne Marie Daly (2003) 'Public Inquiries - A Song for Ireland'. Irish Law Times, 21 .

Other Journal

Year Publication
2018 Yvonne Marie Daly (2018) '‘A Revolution in Principle’? The Impact of the New Exclusionary Rule' 2 :1-17. [Link]
2011 Dr. Yvonne Marie Daly (2011) 'Prohibited Methods of Obtaining and Presenting Evidence: Ireland' .
2010 Dr. Yvonne Marie Daly and Dr. Noelle Higgins (2010) 'Learning the Law: Simulation in Legal Education' .
2010 Dr. Yvonne Marie Daly and Arnuad Cras (UCD) (2010) 'The Use of Illegally Gathered Evidence in the Criminal Trial: Ireland' .
2010 Dr. Yvonne Marie Daly, (Reporter: Niko Kloeten) (2010) 'Search & Surveillance Bill needs to be protested loudly: Irish Lessons on the Right to Silence' .
2009 Dr. Yvonne Marie Daly (2009) 'Judges' voluntary payments' .
2009 Dr. Yvonne Marie Daly (2009) 'Dumb Witness' :30-33.
2004 Yvonne Marie Daly (2004) 'The Changing Irish Approach to Questions of Criminal Justice: Media Portrayal, Moral Panic and Myopic Politics' .

Book Review

Year Publication
2021 Yvonne Marie Daly (2021) Improperly Obtained Evidence in Anglo-American and Continental Law, Dimitrios Giannoulopoulos, Hart Publishing, 2019. Rutgers School of Law and School of Criminal Justice: BREV [Link]
2013 Dr. Yvonne Marie Daly (2013) Criminal Law by TJ McIntyre, Sinéad McMullan and Seán Ó Toghda. BREV
2013 Dr. Yvonne Marie Daly (2013) The European Arrest Warrant in Ireland by Remy Farrell and Anthony Hanrahan. BREV
2011 Dr. Yvonne Marie Daly (2011) The Blue Wall of Silence: The Morris Tribunal and Police Accountability in Ireland by Vicky Conway. BREV
Certain data included herein are derived from the © Web of Science (2022) of Clarivate. All rights reserved.

Research Interests

Professor Yvonne Daly is an expert on effective criminal defence and the legal regulation of criminal investigations, and has published widely on these topics, both nationally and internationally. Her articles on the right to silence, the right to legal assistance, improperly obtained evidence, and related topics, have been published in the Journal of Law and Society; the Human Rights Law Review; the Journal of Human Rights Practice; the International Journal of Evidence and Proof; the New Journal of European Criminal Law; the International Journal of the Legal Profession; the Irish Criminal Law Journal; the Dublin University Law Journal, and more. She is a co-author of Irish Criminal Justice: Theory, Process and Procedure (Clarus Press, 2010) and a co-editor of The Routledge Handbook of Irish Criminology (Routledge, 2015).
Professor Daly led the Irish project team on the EU-funded SUPRALAT project, which developed and delivered a training programme for criminal defence solicitors on providing the best defence to suspects detained for police questioning, along with colleagues at Maastricht University, Antwerp University, the Hungarian Helsinki Committee, and PLOT Belgium. Along with her DCU colleague Dr Vicky Conway, she continues to deliver this training, in conjunction with the Law Society of Ireland. Professor Daly has also developed and delivered training on police station attendance for criminal defence solicitors in Scotland.
Professor Daly and Dr Conway are currently completing a research project on solicitors' experiences in Garda Síochána stations. This involves over 40 semi-structured interviews with criminal defence practitioners all around Ireland and will provide a narrative of their experiences in relation to advising and representing detained persons, particularly in recent years, since solicitors have been allowed to attend garda interviews.
Professor Daly was recently the Principal Investigator for Ireland on another EU-funded project - EmpRiSe: Right to silence and related rights in pre-trial suspects’ interrogations in the EU: legal and empirical study and promoting best practice. This project examined the operation of the pre-trial right to silence in Ireland, the Netherlands, Belgium and Italy. Professor Daly and her team worked on this project with colleagues at Maastricht University, the University of Antwerp and KU Leuven.
Professor Daly has previously been a visiting scholar at the Faculty of Law, University of Auckland (2010/2011); a National Rapporteur on Criminal Procedure to the International Academy of Comparative Law (2010); a Director of the Association for Criminal Justice Research and Development (ACJRD) (2015-2019); and Vice-Chair of the Ethical, Political, Legal and Philosophical Studies Committee of the Royal Irish Academy (2014-2018). She is an elected member of the DCU Governing Authority, and a Director of the Trust for Civil Liberties.
Professor Daly is also very interested in legal education and has written a number of articles in this area. She has co-edited Teaching Evidence Law: Contemporary Trends and Innovations (Routledge, 2020) with Prof Jeremy Gans (Melbourne Law School) and Prof P.J. Schwikkard (University of Cape Town). Part of Routledge’s series on Legal Pedagogy, this book, with a Foreword by Prof William Twining, sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area.