Donegal County Council v Quinn & anor (Approved) [2025] IESC 19 (13 May 2025)

Donegal County Council v Quinn & anor (Approved) [2025] IESC 19 (13 May 2025)

A firm of solicitors, as an unincorporated body, is included within the statutory definition of 'person' for the purposes of applying for the issue of a criminal summons on behalf of an authorised prosecutor under s 1 of the Courts (No 3) Act 1986 as amended. There is no contrary intention in the Act to displace the general definition in the Interpretation Act 2005. The requirement to specify the name of the person who applied for the summons may be satisfied by naming the firm acting as agent for the prosecutor. The administrative process does not require the applicant to be a natural person.

Citation
[2025] IESC 19
Parties
Prosecutor/appellant: Donegal County Council; Accused/respondent: Conor Quinn; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
13 May 2025
Procedural Posture
Supreme Court Appeal / Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Issuing of Summonses, Meaning of 'person' in Statute, Agency in Criminal Procedure, Role of Solicitors in Prosecutions
Criminal Law Statutory Interpretation Administrative Law Issuing of Summonses Meaning of 'person' in Statute Agency in Criminal Procedure Role of Solicitors in Prosecutions

Case Brief

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Parties

Donegal County Council

Prosecutor/appellant

Conor Quinn

Accused/respondent

The Attorney General

Notice Party

Procedural Posture

Supreme Court Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a firm of solicitors (an unincorporated body) can apply for the issue of a criminal summons on behalf of a body authorised to prosecute under s 1 of the Courts (No 3) Act 1986 as amended
  2. 2 Whether the term 'person' in the relevant statutory provisions includes unincorporated bodies such as firms of solicitors

Ratio Decidendi

A firm of solicitors, as an unincorporated body, is included within the statutory definition of 'person' for the purposes of applying for the issue of a criminal summons on behalf of an authorised prosecutor under s 1 of the Courts (No 3) Act 1986 as amended. There is no contrary intention in the Act to displace the general definition in the Interpretation Act 2005. The requirement to specify the name of the person who applied for the summons may be satisfied by naming the firm acting as agent for the prosecutor. The administrative process does not require the applicant to be a natural person.

Court Disposition

Appeal allowed

Orders

  • The High Court's decision is set aside.
  • It is declared that a firm of solicitors may apply for the issue of a summons on behalf of a body authorised to prosecute under the relevant statutory provisions.