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 due to violation of constitutional rights in the procedures adopted in bringing the accused before the court only if the evidence demonstrates a deliberate and conscious violation of those rights, as established in Trimbole's case. Otherwise, the jurisdiction of the District Court is unaffected by the manner in which the accused is brought before it.

Citation
[2000] 1 IR 420
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Des McTiernan); Accused: Alan Bradley
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated / High Court Review of District Court Question
Outcome
Qualified affirmative: District Court judge may dismiss the charge only if evidence shows deliberate and conscious violation of constitutional rights.
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

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 procedures adopted in 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 due to violation of constitutional rights in the procedures adopted in bringing the accused before the court only if the evidence demonstrates a deliberate and conscious violation of those rights, as established in Trimbole's case. Otherwise, the jurisdiction of the District Court is unaffected by the manner in which the accused is brought before it.

Court Disposition

Qualified affirmative: District Court judge may dismiss the charge only if evidence shows deliberate and conscious violation of constitutional rights.

Orders

  • District Court judge to decide whether to dismiss the case in light of the general rule and evidence before him.