D.P.P. (McTiernan) v. Bradley [1999] IEHC 54; [2000] 1 IR 420 (9th December, 1999)

D.P.P. (McTiernan) v. Bradley [1999] IEHC 54; [2000] 1 IR 420 (9th December, 1999)

A District Court judge may dismiss a charge where the accused's constitutional rights have been violated in the process of bringing him before the court, but only if the violation amounts to a deliberate and conscious breach as in Trimbole's case; otherwise, the jurisdiction of the court is unaffected by the manner in which the accused was brought before it.

Citation
[1999] IEHC 54
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Des McTiernan); Accused: Alan Bradley; Prosecutor: Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated / High Court Review of District Court Question
Outcome
Qualified affirmative to District Court's question
Legal Topics
Unlawful Arrest, Jurisdiction of District Court, Constitutional Rights, Due Process
Criminal Law Constitutional Law Unlawful Arrest Jurisdiction of District Court Constitutional Rights Due Process

Case Brief

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Parties

Director of Public Prosecutions (at the suit of Garda Des McTiernan)

Prosecutor

Alan Bradley

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Consultative Case Stated / High Court Review of District Court Question

Legal Issues

  1. 1 Whether a District Court judge may dismiss a charge where the accused's constitutional right to liberty was violated in the process of bringing him before the court, when proof of a valid arrest is not an essential ingredient of the charge

Ratio Decidendi

A District Court judge may dismiss a charge where the accused's constitutional rights have been violated in the process of bringing him before the court, but only if the violation amounts to a deliberate and conscious breach as in Trimbole's case; otherwise, the jurisdiction of the court is unaffected by the manner in which the accused was brought before it.

Court Disposition

Qualified affirmative to District Court's question

Orders

  • District Court judge may dismiss the charge only if evidence shows a deliberate and conscious violation of constitutional rights; otherwise, jurisdiction is unaffected by illegal process.