C.D. v Clinical Director of the Central Mental Hospital and Minister for Justice and Equality [2013] IESC 5 (06 February 2013)

C.D. v Clinical Director of the Central Mental Hospital and Minister for Justice and Equality [2013] IESC 5 (06 February 2013)

The appellant's detention remains lawful under the original court order; the 2000 release was temporary and subsequent releases confirm this; defective temporary release documentation does not convert temporary release into permanent release.

Citation
[2013] IESC 5
Parties
Applicant/appellant: C. D.; Respondent/respondent: Clinical Director of the Central Mental Hospital; Notice Party: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
06 February 2013
Procedural Posture
Appeal Under Article 40 Inquiry (habeas Corpus) / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Temporary Release of Criminal Lunatics, Lawful Detention, Article 40 Inquiry, Criminal Justice Act 1960, Criminal Law (insanity) Act 2006
Mental Health Law Criminal Law Constitutional Law Temporary Release of Criminal Lunatics Lawful Detention Article 40 Inquiry Criminal Justice Act 1960 Criminal Law (insanity) Act 2006

Case Brief

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Parties

C. D.

Applicant/appellant

Clinical Director of the Central Mental Hospital

Respondent/respondent

Minister for Justice and Equality

Notice Party

Procedural Posture

Appeal Under Article 40 Inquiry (habeas Corpus) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the appellant's release in 2000 was permanent or temporary
  2. 2 Lawfulness of continued detention under the original court order
  3. 3 Effect of defective temporary release documentation

Ratio Decidendi

The appellant's detention remains lawful under the original court order; the 2000 release was temporary and subsequent releases confirm this; defective temporary release documentation does not convert temporary release into permanent release.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appellant's application for Article 40 relief refused
  • Appellant lawfully detained under original court order