Constitutional Law — FE-1 practice

Aoife, a constituent of Dublin Bay South, brings High Court proceedings challenging the constitutionality of Section 3 of the Hypothetical Public Order (Amendment) Act 2024 which empowers the Garda Síochána to detain a person for up to 96 hours without judicial review where the Garda has reasonable suspicion of involvement in 'public-disorder activity'. Aoife also challenges the Act's reverse-onus provision in s.4 (the accused must prove she was not present at the disorder). Advise Aoife on her constitutional grounds of challenge under Articles 38, 40.4 and 40.6 of the Constitution.