Clarke v. Member In Charge, Terenure Garda Station [2001] IESC 91; [2002] 2 ILRM 11 (1 November 2001)

Clarke v. Member In Charge, Terenure Garda Station [2001] IESC 91; [2002] 2 ILRM 11 (1 November 2001)

Temporary removal of a detainee from a Garda station for legitimate purposes, such as court attendance, does not terminate lawful detention under s.4 of the Criminal Justice Act 1984; the detention continues during such absence, and the High Court erred in holding otherwise.

Citation
[2001] IESC 91
Parties
Applicant/respondent: Philip Clarke; Respondent/appellant: The Member in Charge of Terenure Garda Station
Jurisdiction
Ireland
Judgment Date
01 November 2001
Procedural Posture
Appeal (habeas Corpus) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Lawfulness of Detention, Interpretation of Criminal Justice Act 1984 S.4, Habeas Corpus, Mootness of Appeals, Temporary Removal From Place of Detention
Criminal Law Constitutional Law Lawfulness of Detention Interpretation of Criminal Justice Act 1984 S.4 Habeas Corpus Mootness of Appeals Temporary Removal From Place of Detention

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Parties

Philip Clarke

Applicant/respondent

The Member in Charge of Terenure Garda Station

Respondent/appellant

Procedural Posture

Appeal (habeas Corpus) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether temporary removal of a detainee from a Garda station for court attendance renders detention unlawful under s.4 of the Criminal Justice Act 1984
  2. 2 Whether the Supreme Court should hear an appeal that is moot because the applicant has been released

Ratio Decidendi

Temporary removal of a detainee from a Garda station for legitimate purposes, such as court attendance, does not terminate lawful detention under s.4 of the Criminal Justice Act 1984; the detention continues during such absence, and the High Court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Conditional order of Habeas Corpus discharged