Doolan applicant (Article 40 of the Constitution) [2015] IEHC 549 (08 August 2015)

Doolan applicant (Article 40 of the Constitution) [2015] IEHC 549 (08 August 2015)

Applicant is lawfully detained following conviction; no evidence of invalidity or fundamental flaw in detention; habeas corpus is not appropriate remedy for failure to list bail application; remedy lies in judicial review.

Citation
[2015] IEHC 549
Parties
Applicant: Brian Doolan; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
08 August 2015
Procedural Posture
Habeas Corpus Application / Judgment on Ex Parte Application
Outcome
application refused
Legal Topics
Habeas Corpus, Bail, Presumption of Constitutionality, Judicial Review, Post Conviction Detention
Constitutional Law Criminal Law Human Rights Law Habeas Corpus Bail Presumption of Constitutionality Judicial Review Post Conviction Detention

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Parties

Brian Doolan

Applicant

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Habeas Corpus Application / Judgment on Ex Parte Application

Legal Issues

  1. 1 Whether the applicant is entitled to habeas corpus due to failure to list his bail application
  2. 2 Whether the applicant's detention is lawful pending constitutional and human rights challenge to the Juries Act, 1976

Ratio Decidendi

Applicant is lawfully detained following conviction; no evidence of invalidity or fundamental flaw in detention; habeas corpus is not appropriate remedy for failure to list bail application; remedy lies in judicial review.

Court Disposition

application refused

Orders

  • Application for habeas corpus refused