The People At The Suit of The Director of Public Prosections -v- A.S. [2017] IECA 310 (28 November 2017)

The People At The Suit of The Director of Public Prosections -v- A.S. [2017] IECA 310 (28 November 2017)

Section 99 of the Criminal Justice Act 2006 does not confer jurisdiction to suspend in part a sentence of detention on a child, as it applies only to sentences of imprisonment, and the Children Act 2001 does not provide, expressly or by implication, for a general power to suspend sentences of detention in a children detention centre. The Act of 2001 constitutes a complete code for juvenile justice, thereby extinguishing any residual common law power to suspend such sentences.

Citation
[2017] IECA 310
Parties
Prosecutor: Director of Public Prosecutions; Accused: A. S.
Jurisdiction
Ireland
Judgment Date
28 November 2017
Procedural Posture
Consultative Case Stated (criminal) / Court of Appeal Judgment on Questions of Law From Circuit Court
Outcome
First question answered in the negative; second question not addressed.
Legal Topics
Suspended Sentences, Children Detention Centres, Statutory Interpretation, Common Law Powers, Jurisdiction
Criminal Law Juvenile Justice Suspended Sentences Children Detention Centres Statutory Interpretation Common Law Powers Jurisdiction

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Parties

Director of Public Prosecutions

Prosecutor

A. S.

Accused

Procedural Posture

Consultative Case Stated (criminal) / Court of Appeal Judgment on Questions of Law From Circuit Court

Legal Issues

  1. 1 Does s.99 of the Criminal Justice Act 2006 (as amended) confer jurisdiction to suspend in part a sentence of detention on a child?
  2. 2 Does the Circuit Court otherwise possess jurisdiction to suspend in part a sentence of detention in a children detention centre, either at common law or by implication from the Children Act 2001?

Ratio Decidendi

Section 99 of the Criminal Justice Act 2006 does not confer jurisdiction to suspend in part a sentence of detention on a child, as it applies only to sentences of imprisonment, and the Children Act 2001 does not provide, expressly or by implication, for a general power to suspend sentences of detention in a children detention centre. The Act of 2001 constitutes a complete code for juvenile justice, thereby extinguishing any residual common law power to suspend such sentences.

Court Disposition

First question answered in the negative; second question not addressed.