D.P.P. v. McCormack [1999] IEHC 13; [1999] 4 IR 158; [2000] 1 ILRM 241 (8th July, 1999)

D.P.P. v. McCormack [1999] IEHC 13; [1999] 4 IR 158; [2000] 1 ILRM 241 (8th July, 1999)

The arrest of the accused was invalid because the Garda did not inform him that he was being arrested or use any form of words indicating restraint, which is an essential element of a valid arrest. The lack of a valid arrest vitiated the subsequent procedures, justifying the dismissal of the charge.

Citation
[2000] 1 ILRM 241
Parties
Prosecutor/appellant: Director of Public Prosecutions; Accused/respondent: Michael McCormack
Jurisdiction
Ireland
Procedural Posture
Appeal by Way of Case Stated / High Court Review of District Court Dismissal
Outcome
appeal dismissed; District Court's dismissal of the charge upheld
Legal Topics
Arrest Procedure, Validity of Arrest, Road Traffic Offences, Requirement to Inform of Arrest, Drunk Driving
Criminal Law Road Traffic Law Arrest Procedure Validity of Arrest Road Traffic Offences Requirement to Inform of Arrest Drunk Driving

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Parties

Director of Public Prosecutions

Prosecutor/appellant

Michael McCormack

Accused/respondent

Procedural Posture

Appeal by Way of Case Stated / High Court Review of District Court Dismissal

Legal Issues

  1. 1 Whether failure to inform the accused at the time of arrest that he was being arrested, or the reason for arrest, invalidates the arrest and subsequent procedures under the Road Traffic Acts.

Ratio Decidendi

The arrest of the accused was invalid because the Garda did not inform him that he was being arrested or use any form of words indicating restraint, which is an essential element of a valid arrest. The lack of a valid arrest vitiated the subsequent procedures, justifying the dismissal of the charge.

Court Disposition

appeal dismissed; District Court's dismissal of the charge upheld

Orders

  • The answer to the specific question posed is 'No'.
  • The judge was correct in dismissing the charge as the accused was not validly arrested.