C. McD -v- Ireland & Ors [2017] IECA 81 (31 January 2017)

C. McD -v- Ireland & Ors [2017] IECA 81 (31 January 2017)

Section 2A of the Bail Act 1997 is constitutional; it merely provides for admissibility of belief evidence from a Chief Superintendent in support of a s. 2 objection, does not permit refusal of bail solely on such evidence, and is proportionate to the legitimate aim of preventing offences by persons on bail. The challenges to s. 2 and s. 2A are not made out.

Citation
[2017] IECA 81
Parties
Plaintiff/appellant: C McD; Defendants/respondents: Ireland and the Attorney General; Notice Party: The People at the Suit of the Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
31 January 2017
Procedural Posture
Constitutional and Bail Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Bail, Presumption of Innocence, Constitutionality of Statutory Provisions, Admissibility of Opinion Evidence, Proportionality, Audi Alteram Partem, Equality of Arms
Criminal Law Constitutional Law Bail Presumption of Innocence Constitutionality of Statutory Provisions Admissibility of Opinion Evidence Proportionality Audi Alteram Partem +1 more

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Parties

C McD

Plaintiff/appellant

Ireland and the Attorney General

Defendants/respondents

The People at the Suit of the Director of Public Prosecutions

Notice Party

Procedural Posture

Constitutional and Bail Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether s. 2A of the Bail Act 1997 is unconstitutional
  2. 2 Whether s. 2(2)(c) and s. 2(2)(f) infringe the presumption of innocence
  3. 3 Whether bail can be refused solely on Chief Superintendent's belief evidence

Ratio Decidendi

Section 2A of the Bail Act 1997 is constitutional; it merely provides for admissibility of belief evidence from a Chief Superintendent in support of a s. 2 objection, does not permit refusal of bail solely on such evidence, and is proportionate to the legitimate aim of preventing offences by persons on bail. The challenges to s. 2 and s. 2A are not made out.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court decision affirmed; bail refused under s. 2 and s. 2A of the Bail Act 1997; constitutional challenge rejected.