Brophy-v-The Director of Public Prosecutions, Ireland, and the Attorney General (Approved) [2026] IESC 7 (10 February 2026)

Brophy-v-The Director of Public Prosecutions, Ireland, and the Attorney General (Approved) [2026] IESC 7 (10 February 2026)

Section 75(2) of the Children Act 2001 is unconstitutional by omission under Article 40.1 because it fails to address the position of offenders who committed indictable offences as minors but are prosecuted as adults, thereby exposing them to a higher range of sentences due to the timing of prosecution, which is arbitrary and outside their control.

Citation
[2026] IESC 7
Parties
Applicant/appellant: Stuart Brophy; Respondents: The Director of Public Prosecutions, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
10 February 2026
Procedural Posture
Constitutional Challenge (judicial Review) / Supreme Court Appeal
Outcome
Appeal allowed to the extent that s. 75(2) is unconstitutional by omission for failing to address aged out minors; no positive invalidation of the subsection granted.
Legal Topics
Article 40.1 Equality, Aged Out Minors, Summary Trial, Children Act 2001, Sentencing Disparity
Constitutional Law Criminal Law Juvenile Justice Article 40.1 Equality Aged Out Minors Summary Trial Children Act 2001 Sentencing Disparity

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Parties

Stuart Brophy

Applicant/appellant

The Director of Public Prosecutions, Ireland and the Attorney General

Respondents

Procedural Posture

Constitutional Challenge (judicial Review) / Supreme Court Appeal

Legal Issues

  1. 1 Whether s. 75 of the Children Act 2001 is unconstitutional under Article 40.1 for failing to address the position of 'aged out' minors who committed offences as children but are prosecuted as adults
  2. 2 Whether the legislative omission exposes such offenders to arbitrary and unequal treatment regarding trial venue and sentencing

Ratio Decidendi

Section 75(2) of the Children Act 2001 is unconstitutional by omission under Article 40.1 because it fails to address the position of offenders who committed indictable offences as minors but are prosecuted as adults, thereby exposing them to a higher range of sentences due to the timing of prosecution, which is arbitrary and outside their control.

Court Disposition

Appeal allowed to the extent that s. 75(2) is unconstitutional by omission for failing to address aged out minors; no positive invalidation of the subsection granted.