Ryan v Governor of Midlands Prison [2014] IESC 54 (22 August 2014)
Where a prisoner is detained under a valid court order that shows no invalidity on its face, habeas corpus is not the appropriate remedy to challenge the refusal of enhanced remission; such challenges should be brought by judicial review or appeal, not under Article 40.4.2.
- Citation
- [2014] IESC 54
- Parties
- Applicant/respondent: Edward Ryan; Respondent/appellant: Governor of Midlands Prison
- Jurisdiction
- Ireland
- Judgment Date
- 22 August 2014
- Procedural Posture
- Constitutional/habeas Corpus Application / Supreme Court Appeal From High Court Order
- Outcome
- Appeal allowed
- Legal Topics
- Habeas Corpus, Remission of Sentence, Jurisdiction, Detention Validity
Case Brief
Summary, issues, holding and outcome
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Parties
Edward Ryan
Applicant/respondent
Governor of Midlands Prison
Respondent/appellant
Procedural Posture
Constitutional/habeas Corpus Application / Supreme Court Appeal From High Court Order
Legal Issues
- 1 Whether habeas corpus under Article 40.4.2 is the appropriate remedy for challenging refusal of enhanced remission of sentence
- 2 Whether a valid court order for detention can be challenged on procedural grounds under Article 40
Ratio Decidendi
Where a prisoner is detained under a valid court order that shows no invalidity on its face, habeas corpus is not the appropriate remedy to challenge the refusal of enhanced remission; such challenges should be brought by judicial review or appeal, not under Article 40.4.2.
Court Disposition
Appeal allowed
Orders
- High Court order releasing the applicant set aside
- Applicant to remain in detention under the valid court order
Full Case Text
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