D.P.P. (Statford) v. O'Neill [1997] IEHC 152; [1998] 2 IR 383; [1998] 1 ILRM 221 (24th September, 1997)

D.P.P. (Statford) v. O'Neill [1997] IEHC 152; [1998] 2 IR 383; [1998] 1 ILRM 221 (24th September, 1997)

The District Court does not have jurisdiction to consider the constitutionality of pre-1937 laws directly, but must uphold the Constitution in proceedings before it. Section 5(1) of the 1884 Act is consistent with constitutional principles and has been carried over under Article 50. The provision does not infringe the accused's constitutional rights and is directed at ensuring informed consent for summary trial of young persons.

Citation
[1998] 1 ILRM 221
Parties
Accused: The Accused; Prosecutor: Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated / High Court Opinion on Questions of Law
Outcome
All questions answered in the affirmative.
Legal Topics
Constitutionality of Pre 1937 Laws, Jurisdiction of District Court, Summary Trial of Young Persons, Application of Article 50 of the Constitution
Constitutional Law Criminal Law Juvenile Justice Constitutionality of Pre 1937 Laws Jurisdiction of District Court Summary Trial of Young Persons Application of Article 50 of the Constitution

Case Brief

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Parties

The Accused

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Consultative Case Stated / High Court Opinion on Questions of Law

Legal Issues

  1. 1 Whether a District Judge can refer a consultative case stated to the High Court regarding the constitutionality of a pre-1937 law
  2. 2 Whether a District Judge has jurisdiction to entertain a constitutional challenge to a pre-1937 statute
  3. 3 Whether Section 5(1) of the Summary Jurisdiction over Children (Ireland) Act, 1884 has been carried over under Article 50 of the Constitution

Ratio Decidendi

The District Court does not have jurisdiction to consider the constitutionality of pre-1937 laws directly, but must uphold the Constitution in proceedings before it. Section 5(1) of the 1884 Act is consistent with constitutional principles and has been carried over under Article 50. The provision does not infringe the accused's constitutional rights and is directed at ensuring informed consent for summary trial of young persons.

Court Disposition

All questions answered in the affirmative.

Orders

  • The District Judge's questions are answered in the affirmative.