C (A Minor) v The Governor of Oberstown Detention Campus (Approved) [2023] IECA 36 (26 January 2023)

C (A Minor) v The Governor of Oberstown Detention Campus (Approved) [2023] IECA 36 (26 January 2023)

Section 5(4) of the Bail Act 1997, as inserted by s. 89 of the Children Act 2001, expressly disapplies the requirement to lodge a portion of monies into court as a condition of bail for persons under 18 years, and any common law power to so order in connection with minors did not survive the enactment of this provision.

Citation
[2023] IECA 36
Parties
Applicant/respondent: C (A Minor); Respondent/appellant: The Governor of Oberstown Children Detention Campus
Jurisdiction
Ireland
Judgment Date
26 January 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Bail, Statutory Interpretation, Children's Rights
Criminal Law Juvenile Justice Constitutional Law Bail Statutory Interpretation Children's Rights

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Parties

C (A Minor)

Applicant/respondent

The Governor of Oberstown Children Detention Campus

Respondent/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a court can require a portion of an independent surety to be lodged in cash as a condition of bail for a juvenile under s. 5(4) of the Bail Act 1997

Ratio Decidendi

Section 5(4) of the Bail Act 1997, as inserted by s. 89 of the Children Act 2001, expressly disapplies the requirement to lodge a portion of monies into court as a condition of bail for persons under 18 years, and any common law power to so order in connection with minors did not survive the enactment of this provision.

Court Disposition

Appeal dismissed

Orders

  • No error found in the High Court order; order of release stands; no reincarceration sought.