Zambra v. McNulty [2002] IESC 52 (27 June 2002)

Zambra v. McNulty [2002] IESC 52 (27 June 2002)

Orders extending time for service of Book of Evidence, made pursuant to Order 24 Rule 10 of the District Court Rules and Section 6 of the Criminal Procedure Act, 1967, are steps taken under Part II of the Act for purposes of Section 23 of the Criminal Justice Act, 1999, preserving the procedures under the 1967 Act.

Citation
[2002] IESC 52
Parties
Applicant/respondent: Joseph Zambra; Respondent/appellant: District Judge McNulty; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
27 June 2002
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Preliminary Examination, Transitional Provisions, Extension of Time, Book of Evidence, Interpretation of 'under' in Statute
Criminal Law Procedural Law Preliminary Examination Transitional Provisions Extension of Time Book of Evidence Interpretation of 'under' in Statute

Case Brief

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Parties

Joseph Zambra

Applicant/respondent

District Judge McNulty

Respondent/appellant

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether orders extending time for service of Book of Evidence constitute steps 'under' Part II of the Criminal Procedure Act, 1967 for purposes of transitional provisions in Criminal Justice Act, 1999

Ratio Decidendi

Orders extending time for service of Book of Evidence, made pursuant to Order 24 Rule 10 of the District Court Rules and Section 6 of the Criminal Procedure Act, 1967, are steps taken under Part II of the Act for purposes of Section 23 of the Criminal Justice Act, 1999, preserving the procedures under the 1967 Act.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Certiorari granted quashing District Court order sending applicant forward for trial.
  • Procedures under Part II of the Criminal Procedure Act, 1967 to continue to apply.