Creaven & Ors v. Criminal Assets Bureau & Ors [2004] IESC 92 (29 October 2004)

Creaven & Ors v. Criminal Assets Bureau & Ors [2004] IESC 92 (29 October 2004)

Search warrants issued by Judge Anderson for districts where he was not physically present were invalid; section 55 warrants invalid as request did not emanate from UK government as required by statute; District Court jurisdiction is tied to district and judge must sit within district to exercise judicial powers.

Citation
[2004] IESC 92
Parties
Applicant/appellant: Dylan Creaven; Applicant/appellant: Silicon Technologies (Europe) Limited; Applicant/appellant: Bradenville Holdings Limited; Respondent/respondent: Criminal Assets Bureau; Respondent/respondent: Felix J. McKenna; Respondent/respondent: District Judge David Anderson; Respondent/respondent: Minister for Justice, Equality & Law Reform; Respondent/respondent: Ireland; Respondent/respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
29 October 2004
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed; High Court order quashing section 55 warrants affirmed; section 14 warrants (except for one relating to Dublin Metropolitan District) quashed.
Legal Topics
Search Warrants, Jurisdiction of District Court, Proceeds of Crime, Mutual Legal Assistance, Ministerial Vs Judicial Acts, Assignment of District Judges
Criminal Law Judicial Review Constitutional Law Administrative Law Search Warrants Jurisdiction of District Court Proceeds of Crime Mutual Legal Assistance +2 more

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Parties

Dylan Creaven

Applicant/appellant

Silicon Technologies (Europe) Limited

Applicant/appellant

Bradenville Holdings Limited

Applicant/appellant

Criminal Assets Bureau

Respondent/respondent

Felix J. McKenna

Respondent/respondent

District Judge David Anderson

Respondent/respondent

Minister for Justice, Equality & Law Reform

Respondent/respondent

Ireland

Respondent/respondent

Attorney General

Respondent/respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Validity of District Court search warrants under section 55 of the Criminal Justice Act 1994 and section 14 of the Proceeds of Crime Act 1996
  2. 2 Jurisdiction of District Judge to issue warrants while not physically present in assigned district
  3. 3 Compliance with statutory requirements for international mutual legal assistance requests

Ratio Decidendi

Search warrants issued by Judge Anderson for districts where he was not physically present were invalid; section 55 warrants invalid as request did not emanate from UK government as required by statute; District Court jurisdiction is tied to district and judge must sit within district to exercise judicial powers.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; High Court order quashing section 55 warrants affirmed; section 14 warrants (except for one relating to Dublin Metropolitan District) quashed.

Orders

  • Section 55 warrants quashed
  • Section 14 warrants quashed except for Dublin Metropolitan District