McDonagh -v- The Governor of Mountjoy Prison [2016] IECA 32 (17 February 2016)

McDonagh -v- The Governor of Mountjoy Prison [2016] IECA 32 (17 February 2016)

Where the detainer concedes the original certificate is invalid, leave must be sought from the High Court to amend or replace the Article 40.4.2 certificate during the currency of the proceedings; failure to do so renders the detention unjustified.

Citation
[2016] IECA 32
Parties
Applicant/respondent: Patrick Joseph McDonagh; Respondent/appellant: The Governor of Mountjoy Prison (No.2)
Jurisdiction
Ireland
Judgment Date
17 February 2016
Procedural Posture
Constitutional Habeas Corpus Application Under Article 40.4.2 / Appeal From High Court Decision
Outcome
Appeal allowed; High Court order set aside; matter remitted to High Court for determination.
Legal Topics
Habeas Corpus, Detention, Documentary Error, Amendment of Detention Certificates
Constitutional Law Criminal Law Administrative Law Habeas Corpus Detention Documentary Error Amendment of Detention Certificates

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Parties

Patrick Joseph McDonagh

Applicant/respondent

The Governor of Mountjoy Prison (No.2)

Respondent/appellant

Procedural Posture

Constitutional Habeas Corpus Application Under Article 40.4.2 / Appeal From High Court Decision

Legal Issues

  1. 1 Whether a detainer may apply to the High Court to receive fresh evidence by way of order or warrant to justify legality of detention during the currency of an Article 40.4.2 application
  2. 2 Whether the detainer must seek leave to amend or replace the Article 40.4.2 certificate when the original basis for detention is conceded to be invalid

Ratio Decidendi

Where the detainer concedes the original certificate is invalid, leave must be sought from the High Court to amend or replace the Article 40.4.2 certificate during the currency of the proceedings; failure to do so renders the detention unjustified.

Court Disposition

Appeal allowed; High Court order set aside; matter remitted to High Court for determination.

Orders

  • Remit Article 40 application to Haughton J. in the High Court.
  • Governor may apply to amend the certificate to include the corrected warrant.