The Director of Public Prosecutions v Morgan (Rev1) [2023] IESC 16 (29 June 2023)

The Director of Public Prosecutions v Morgan (Rev1) [2023] IESC 16 (29 June 2023)

The Supreme Court held that the High Court has the power to issue a bench warrant to secure the attendance of an accused in confiscation proceedings under the Criminal Justice Act 1994, but such power should be exercised only where necessary and justified. The statutory requirement is that the accused be given reasonable notice and opportunity to make representations; physical presence is not strictly required if the accused is represented and notified. The process remains criminal in nature until the confiscation order is satisfied, and the High Court's powers are those of a criminal court for these purposes. The Court of Appeal erred in holding that only attachment and committal were...

Citation
[2023] IESC 16
Parties
Prosecutor/appellant: The People (at the suit of the Director of Public Prosecutions); Accused/respondent: Martin Morgan
Jurisdiction
Ireland
Judgment Date
29 June 2023
Procedural Posture
Supreme Court Appeal / Judgment on Appeal From Court of Appeal Decision Regarding Issuance of Bench Warrant in Confiscation Proceedings
Outcome
Appeal allowed; High Court's power to issue bench warrant affirmed.
Legal Topics
Proceeds of Crime, Confiscation Orders, Bench Warrants, Due Process, Right to Be Heard, Imprisonment for Default, Notice Requirements
Criminal Law Constitutional Law Civil Procedure Proceeds of Crime Confiscation Orders Bench Warrants Due Process Right to Be Heard +2 more

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/appellant

Martin Morgan

Accused/respondent

Procedural Posture

Supreme Court Appeal / Judgment on Appeal From Court of Appeal Decision Regarding Issuance of Bench Warrant in Confiscation Proceedings

Legal Issues

  1. 1 Whether the High Court has power to issue a bench warrant to secure the attendance of an accused in confiscation proceedings under the Criminal Justice Act 1994
  2. 2 Whether the process is criminal or civil in nature after conviction and confiscation order
  3. 3 Whether notice and opportunity to make representations suffice or if physical presence of the accused is required before imprisonment for default

Ratio Decidendi

The Supreme Court held that the High Court has the power to issue a bench warrant to secure the attendance of an accused in confiscation proceedings under the Criminal Justice Act 1994, but such power should be exercised only where necessary and justified. The statutory requirement is that the accused be given reasonable notice and opportunity to make representations; physical presence is not strictly required if the accused is represented and notified. The process remains criminal in nature until the confiscation order is satisfied, and the High Court's powers are those of a criminal court for these purposes. The Court of Appeal erred in holding that only attachment and committal were...

Court Disposition

Appeal allowed; High Court's power to issue bench warrant affirmed.

Orders

  • The appeal is allowed.
  • The High Court has jurisdiction to issue a bench warrant in confiscation proceedings under the Criminal Justice Act 1994 where necessary.