O'Farrell & ors -v- The Governor of Portlaoise Prison [2016] IESC 37 (12 July 2016)

O'Farrell & ors -v- The Governor of Portlaoise Prison [2016] IESC 37 (12 July 2016)

The Supreme Court held that the s.7 warrant must reflect the legal nature and duration of the sentence as determined by the sentencing state, but Irish law does not recognise community licence; therefore, only the custodial period required by UK law is enforceable in Ireland. Consent or acquiescence by the applicants cannot validate unlawful detention. The appeal was dismissed, confirming the High Court's order for release.

Citation
[2016] IESC 37
Parties
Applicant/respondent: Fintan Paul O’Farrell; Applicant/respondent: Michael Christopher McDonald; Applicant/respondent: Declan John Rafferty; Respondent/appellant: The Governor of Portlaoise Prison
Jurisdiction
Ireland
Judgment Date
12 July 2016
Procedural Posture
Constitutional Habeas Corpus Inquiry and Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Transfer of Sentenced Persons, Habeas Corpus, Sentence Adaptation, Remission, Community Licence, International Conventions
Criminal Law Constitutional Law International Law Transfer of Sentenced Persons Habeas Corpus Sentence Adaptation Remission Community Licence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Fintan Paul O’Farrell

Applicant/respondent

Michael Christopher McDonald

Applicant/respondent

Declan John Rafferty

Applicant/respondent

The Governor of Portlaoise Prison

Respondent/appellant

Procedural Posture

Constitutional Habeas Corpus Inquiry and Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether detention of transferred prisoners under s.7 warrant is lawful when UK sentence includes community licence
  2. 2 Whether adaptation of sentence duration is permissible under Irish law
  3. 3 Effect of consent/acquiescence by prisoner on legality of detention

Ratio Decidendi

The Supreme Court held that the s.7 warrant must reflect the legal nature and duration of the sentence as determined by the sentencing state, but Irish law does not recognise community licence; therefore, only the custodial period required by UK law is enforceable in Ireland. Consent or acquiescence by the applicants cannot validate unlawful detention. The appeal was dismissed, confirming the High Court's order for release.

Court Disposition

Appeal dismissed

Orders

  • Applicants released from detention
  • High Court order for immediate release affirmed