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 absence 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, provided the detainee remains in Garda custody. The High Court's order for release was incorrect and must be set aside.

Citation
[2002] 2 ILRM 11
Parties
Applicant/respondent: Philip Clarke; Respondent/appellant: Member in Charge of Terenure Garda Station
Jurisdiction
Ireland
Judgment Date
01 November 2001
Procedural Posture
Appeal (habeas Corpus) / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Lawfulness of Detention, Interpretation of Detention Statutes, Mootness of Appeals, Habeas Corpus Procedure
Criminal Law Constitutional Law Lawfulness of Detention Interpretation of Detention Statutes Mootness of Appeals Habeas Corpus Procedure

Case Brief

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Parties

Philip Clarke

Applicant/respondent

Member in Charge of Terenure Garda Station

Respondent/appellant

Procedural Posture

Appeal (habeas Corpus) / Supreme Court Judgment

Legal Issues

  1. 1 Whether temporary removal of a detainee from a Garda station for court attendance renders detention unlawful under the Criminal Justice Act 1984
  2. 2 Whether the Supreme Court should entertain an appeal where the issue is moot

Ratio Decidendi

Temporary absence 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, provided the detainee remains in Garda custody. The High Court's order for release was incorrect and must be set aside.

Court Disposition

Appeal allowed

Orders

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