D.P.P., State v. Ruane [1987] IEHC 28 (6 February 1987)

D.P.P., State v. Ruane [1987] IEHC 28 (6 February 1987)

Station bail remains lawful for persons arrested without warrant; Section 15(2) Criminal Justice Act 1951 (as amended) applies only when the accused remains in custody. The Respondent's order was within jurisdiction but he ought to have heard the charges.

Citation
[1987] IEHC 28
Parties
Prosecutor: Director of Public Prosecutions at the suit of Brian Redmond; Defendant: Concepta Drew; Respondent: District Justice Jarlath Ruane
Jurisdiction
Ireland
Judgment Date
06 February 1987
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of Certiorari refused; Order of Mandamus made absolute.
Legal Topics
Station Bail, Arrest Without Warrant, Certiorari, Mandamus, Jurisdiction of District Court
Criminal Law Judicial Review Station Bail Arrest Without Warrant Certiorari Mandamus Jurisdiction of District Court

Case Brief

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Parties

Director of Public Prosecutions at the suit of Brian Redmond

Prosecutor

Concepta Drew

Defendant

District Justice Jarlath Ruane

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether station bail is lawful after enactment of Section 15(2) Criminal Justice Act 1951 as amended by Section 26 Criminal Justice Act 1984
  2. 2 Whether the accused must be brought before a District Justice or Peace Commissioner immediately after arrest without warrant
  3. 3 Whether the Respondent's order striking out charges was lawful

Ratio Decidendi

Station bail remains lawful for persons arrested without warrant; Section 15(2) Criminal Justice Act 1951 (as amended) applies only when the accused remains in custody. The Respondent's order was within jurisdiction but he ought to have heard the charges.

Court Disposition

Order of Certiorari refused; Order of Mandamus made absolute.

Orders

  • Charges to be re-entered before the Respondent for hearing and determination