Ward v. Minister for Agriculture and Food [1997] IEHC 104 (24th June, 1997)

Ward v. Minister for Agriculture and Food [1997] IEHC 104 (24th June, 1997)

No real risk of unfair trial or infringement of constitutional rights due to delay; delay justified and prosecution within statutory time limits.

Citation
[1997] IEHC 104
Parties
Applicant: Applicant; Respondents: First and Fourth Named Respondents
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused
Legal Topics
Delay in Prosecution, Fair Trial Rights, Judicial Review, Prohibition Orders
Criminal Law Administrative Law Delay in Prosecution Fair Trial Rights Judicial Review Prohibition Orders

Case Brief

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Parties

Applicant

Applicant

First and Fourth Named Respondents

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether unreasonable and unconscionable delay in service of summonses warrants prohibition of prosecution
  2. 2 Whether delay infringes applicant's constitutional rights to fair procedures and trial

Ratio Decidendi

No real risk of unfair trial or infringement of constitutional rights due to delay; delay justified and prosecution within statutory time limits.

Court Disposition

Relief refused

Orders

  • Order refusing applicant relief claimed at paragraph D(6)
  • No order made in relation to case Record No. 359 J. R., 1996