Conlon v. Kelly [2001] IESC 17; [2002] 1 IR 10; [2001] 2 ILRM 198 (21 February 2001)

There is no statutory authority for the consolidation of two indictments based on separate returns for trial in the Circuit Court. The orders consolidating the indictments were made without jurisdiction and are void.

Citation: [2001] IESC 17
Parties: Appellant: Applicant; First Named Respondent: Judge Kelly (Circuit Criminal Court)
Jurisdiction: Ireland
Judgment Date: 21 February 2001
Procedural Posture: Judicial Review (criminal Procedure) / Appeal From High Court to Supreme Court
Outcome: Appeal allowed; orders of the Circuit Court quashed
Legal Topics: Consolidation of Indictments, Jurisdiction of Circuit Court, Amendment of Indictments, Joinder of Charges

Criminal Law Criminal Procedure Consolidation of Indictments Jurisdiction of Circuit Court Amendment of Indictments Joinder of Charges

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Parties

Applicant

Appellant

Judge Kelly (Circuit Criminal Court)

First Named Respondent

Procedural Posture

Judicial Review (criminal Procedure) / Appeal From High Court to Supreme Court

Legal Issues

1 Whether the Circuit Court has power to consolidate two indictments based on separate returns for trial
2 Whether the orders consolidating indictments were made with jurisdiction

Ratio Decidendi

Court Disposition

Appeal allowed; orders of the Circuit Court quashed

Orders

Order of certiorari granted quashing the orders of the first-named respondent of 21st July 1998 and 3rd November 1998