Lavole -v- District Judge John O'Donnell & ors [2007] IESC 35 (27 July 2007)

Lavole -v- District Judge John O'Donnell & ors [2007] IESC 35 (27 July 2007)

Section 4A of the Criminal Procedure Act 1967 (as inserted by the Criminal Justice Act 1999) is a re-enactment with modification of the repealed s.8, and by virtue of s.20(1) of the Interpretation Act 1937, references to s.8 in s.234 of the Fisheries (Consolidation) Act 1959 are to be construed as references to s.4A. The District Court's power to detain a vessel under s.234 is not dependent on the existence or continuation of a 48-hour detention order under s.233A. The appeal is dismissed.

Citation
[2007] IESC 35
Parties
Applicant/appellant: Claude Michael Joseph Lavole; Applicant/appellant: Carvida Limited; Respondent: District Judge John O’Donnell; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
27 July 2007
Procedural Posture
Judicial Review (appeal) / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Judicial Review, Certiorari, Statutory Repeal and Re Enactment, Detention of Vessels, Jurisdiction of District Court, Interpretation of Fisheries Acts
Administrative Law Criminal Law Statutory Interpretation Fisheries Law Judicial Review Certiorari Statutory Repeal and Re Enactment Detention of Vessels +2 more

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Parties

Claude Michael Joseph Lavole

Applicant/appellant

Carvida Limited

Applicant/appellant

District Judge John O’Donnell

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review (appeal) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the District Judge had jurisdiction to make a detention order by reference to s.4A of the Criminal Procedure Act 1967 as inserted by the Criminal Justice Act 1999, in light of the repeal of s.8 and the operation of s.20(1) of the Interpretation Act 1937.
  2. 2 Whether the District Court had jurisdiction to make the detention order under s.234 of the Fisheries (Consolidation) Act 1959 after the expiration of the 48-hour period under s.233A.
  3. 3 Whether the issue of not bringing the master before the District Court 'as soon as may be' under s.234 could be raised for the first time on appeal.

Ratio Decidendi

Section 4A of the Criminal Procedure Act 1967 (as inserted by the Criminal Justice Act 1999) is a re-enactment with modification of the repealed s.8, and by virtue of s.20(1) of the Interpretation Act 1937, references to s.8 in s.234 of the Fisheries (Consolidation) Act 1959 are to be construed as references to s.4A. The District Court's power to detain a vessel under s.234 is not dependent on the existence or continuation of a 48-hour detention order under s.233A. The appeal is dismissed.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Appeal dismissed.
  • Order of the High Court refusing certiorari affirmed.