O'Brien -v- The Special Criminal Court & Anor [2007] IESC 45 (24 October 2007)

O'Brien -v- The Special Criminal Court & Anor [2007] IESC 45 (24 October 2007)

The applicant was not charged 'forthwith' upon re-arrest as required by s.30A(3) of the Offences Against the State Act, 1939. His detention after re-arrest was therefore unlawful, and he was not lawfully before the Special Criminal Court. Consequently, the Special Criminal Court had no jurisdiction to try him on the charge.

Citation
[2007] IESC 45
Parties
Applicant/appellant: Barry O'Brien; First Respondent: The Special Criminal Court; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
24 October 2007
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Special Criminal Court, Lawful Arrest and Detention, Interpretation of 'lawfully Brought', Re Arrest Under Offences Against the State Act, Procedural Safeguards in Criminal Process
Criminal Law Constitutional Law Jurisdiction of Special Criminal Court Lawful Arrest and Detention Interpretation of 'lawfully Brought' Re Arrest Under Offences Against the State Act Procedural Safeguards in Criminal Process

Case Brief

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Parties

Barry O'Brien

Applicant/appellant

The Special Criminal Court

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the Special Criminal Court had jurisdiction to try the applicant when he was re-arrested under s.4 of the Criminal Law Act, 1997 after release from detention under s.30 of the Offences Against the State Act, 1939
  2. 2 Whether the applicant was 'lawfully brought' before the Special Criminal Court within the meaning of s.43 of the Offences Against the State Act, 1939
  3. 3 Whether the re-arrest and subsequent detention complied with s.30A(3) of the Offences Against the State Act, 1939, specifically the requirement to charge 'forthwith'

Ratio Decidendi

The applicant was not charged 'forthwith' upon re-arrest as required by s.30A(3) of the Offences Against the State Act, 1939. His detention after re-arrest was therefore unlawful, and he was not lawfully before the Special Criminal Court. Consequently, the Special Criminal Court had no jurisdiction to try him on the charge.

Court Disposition

Appeal allowed

Orders

  • Decision of the Special Criminal Court of 14 December 2004 quashed
  • Declaration that the Special Criminal Court has no jurisdiction to try the applicant on the charge