D.P.P. (Ivers) v. Murphy [1998] IEHC 111; [1999] 1 IR 98; [1999] 1 ILRM 46 (7th July, 1998)

D.P.P. (Ivers) v. Murphy [1998] IEHC 111; [1999] 1 IR 98; [1999] 1 ILRM 46 (7th July, 1998)

It is a condition precedent to the admissibility of evidence under Section 6(1) that the accused was arrested otherwise than under a warrant, and the prosecution must prove this before submitting the certificate.

Citation
[1999] 1 ILRM 46
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda John Ivers); Accused: Angela Murphy
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated / High Court Judgment
Outcome
Questions in the Case Stated answered: (i) Yes, (ii) Yes, (iii) No.
Legal Topics
Admissibility of Certificates, Arrest Without Warrant, Burden of Proof
Criminal Law Evidence Law Admissibility of Certificates Arrest Without Warrant Burden of Proof

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions (at the suit of Garda John Ivers)

Prosecutor

Angela Murphy

Accused

Procedural Posture

Consultative Case Stated / High Court Judgment

Legal Issues

  1. 1 Is proof required that the accused was arrested otherwise than under a warrant before a certificate under Section 6(1) Criminal Justice (Miscellaneous Provisions) Act, 1997 is admissible?
  2. 2 Does Section 6(4) allow the prosecution to avoid proving the nature of the arrest?

Ratio Decidendi

It is a condition precedent to the admissibility of evidence under Section 6(1) that the accused was arrested otherwise than under a warrant, and the prosecution must prove this before submitting the certificate.

Court Disposition

Questions in the Case Stated answered: (i) Yes, (ii) Yes, (iii) No.