Owens & anor -v- Director of Public Prosecutions & ors [2017] IECA 299 (16 November 2017)

Owens & anor -v- Director of Public Prosecutions & ors [2017] IECA 299 (16 November 2017)

The Fines (Payment and Recovery) Act 2014, by virtue of s. 22, applies to the enforcement of any penal sum, including fines imposed before its commencement but enforced after, as the changes are procedural and not substantive. The committal warrants issued without compliance with the 2014 Act were invalid.

Citation
[2017] IECA 299
Parties
Applicant / Respondent: Gavin Owens; Applicant / Respondent: Patrick Dooley; Respondent / Appellant: The Director of Public Prosecutions; Respondent / Appellant: The Commissioner of An Garda Síochána; Respondent / Appellant: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
16 November 2017
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Quashing Committal Warrants and Directing Initiation of Proceedings Under S. 7 of the Fines (payment and Recovery) Act 2014
Outcome
Appeal dismissed in substance; High Court orders quashing committal warrants affirmed; High Court order directing DPP to initiate s. 7 proceedings set aside.
Legal Topics
Enforcement of Fines, Retrospective Application of Legislation, Procedural Law Vs Substantive Law, Judicial Review, Imprisonment for Non Payment of Fines
Criminal Law Administrative Law Enforcement of Fines Retrospective Application of Legislation Procedural Law Vs Substantive Law Judicial Review Imprisonment for Non Payment of Fines

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Parties

Gavin Owens

Applicant / Respondent

Patrick Dooley

Applicant / Respondent

The Director of Public Prosecutions

Respondent / Appellant

The Commissioner of An Garda Síochána

Respondent / Appellant

The Minister for Justice and Equality

Respondent / Appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Quashing Committal Warrants and Directing Initiation of Proceedings Under S. 7 of the Fines (payment and Recovery) Act 2014

Legal Issues

  1. 1 Whether the Fines (Payment and Recovery) Act 2014 applies to fines imposed and defaulted before its commencement but enforced after its commencement
  2. 2 Whether the 2014 Act operates retrospectively or only prospectively
  3. 3 Whether the changes introduced by the 2014 Act are procedural or substantive

Ratio Decidendi

The Fines (Payment and Recovery) Act 2014, by virtue of s. 22, applies to the enforcement of any penal sum, including fines imposed before its commencement but enforced after, as the changes are procedural and not substantive. The committal warrants issued without compliance with the 2014 Act were invalid.

Court Disposition

Appeal dismissed in substance; High Court orders quashing committal warrants affirmed; High Court order directing DPP to initiate s. 7 proceedings set aside.

Orders

  • Committal warrants quashed
  • Order directing DPP to initiate s. 7 proceedings under the 2014 Act set aside