Director of Public Prosecutions v District Judge McGrath (Approved) [2021] IESC 66 (21 September 2021)

Director of Public Prosecutions v District Judge McGrath (Approved) [2021] IESC 66 (21 September 2021)

The District Court Rules' exclusion of costs against the DPP is a valid exercise of the rule-making power conferred by statute, constituting a permissible adaptation or modification of earlier statutory provisions, and does not amount to an impermissible amendment of substantive law. The order for costs against the...

Source-derived case information.

Citation
[2021] IESC 66
Parties
Applicant/appellant: Director of Public Prosecutions; Respondent: District Judge Elizabeth McGrath; First Notice Party/respondent to the Appeal: John Matthews; Second Notice Party: Gerard Gearty
Jurisdiction
Ireland
Judgment Date
21 September 2021
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed; order for costs against the DPP quashed.
Legal Topics
Costs in Criminal Proceedings, Judicial Review, Delegated Legislation, District Court Rules, Statutory Interpretation
Criminal Law Administrative Law Constitutional Law Costs in Criminal Proceedings Judicial Review Delegated Legislation District Court Rules Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Applicant/appellant

District Judge Elizabeth McGrath

Respondent

John Matthews

First Notice Party/respondent to the Appeal

Gerard Gearty

Second Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the District Court Rules validly preclude an award of costs against the DPP in summary criminal proceedings
  2. 2 Whether the relevant rule is ultra vires or an impermissible amendment of primary legislation (s. 59 of the Dublin Police Act 1842)
  3. 3 Whether the exclusion of costs against the DPP is a matter of practice and procedure or requires primary legislation

Ratio Decidendi

The District Court Rules' exclusion of costs against the DPP is a valid exercise of the rule-making power conferred by statute, constituting a permissible adaptation or modification of earlier statutory provisions, and does not amount to an impermissible amendment of substantive law. The order for costs against the DPP was unlawful and must be quashed.

Court Disposition

Appeal allowed; order for costs against the DPP quashed.

Orders

  • Order of the District Judge awarding costs against the DPP quashed.