DPP v Pires & Ors [2015] IEHC 671 (09 July 2015)

DPP v Pires & Ors [2015] IEHC 671 (09 July 2015)

The District Judge erred in law by not affording sufficient latitude and generous measure of judgment to the operational decisions of the arresting Gardaí regarding handcuffing, contrary to the principles established in Cullen. The arrests were not unlawful merely because handcuffing was applied, as the Gardaí made bona fide assessments of necessity in each case.

Citation
[2015] IEHC 671
Parties
Prosecutor/appellant: Director of Public Prosecutions; Accused/respondent: Cicero Pires; Accused/respondent: James Corrigan; Accused/respondent: Paul Gannon
Jurisdiction
Ireland
Judgment Date
09 July 2015
Procedural Posture
Appeal by Way of Case Stated / High Court Judgment
Outcome
Appeal allowed; District Judge's finding of unlawful arrest overturned
Legal Topics
Drink Driving, Lawfulness of Arrest, Use of Handcuffs, Judicial Review of Operational Decisions, Admissibility of Evidence
Criminal Law Administrative Law Drink Driving Lawfulness of Arrest Use of Handcuffs Judicial Review of Operational Decisions Admissibility of Evidence

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/appellant

Cicero Pires

Accused/respondent

James Corrigan

Accused/respondent

Paul Gannon

Accused/respondent

Procedural Posture

Appeal by Way of Case Stated / High Court Judgment

Legal Issues

  1. 1 Whether the District Judge was correct in law to find the arrest of the accused unlawful due to use of handcuffs
  2. 2 Whether the application of handcuffs was objectively justified under the principles established in DPP (Moyles) v. Cullen

Ratio Decidendi

The District Judge erred in law by not affording sufficient latitude and generous measure of judgment to the operational decisions of the arresting Gardaí regarding handcuffing, contrary to the principles established in Cullen. The arrests were not unlawful merely because handcuffing was applied, as the Gardaí made bona fide assessments of necessity in each case.

Court Disposition

Appeal allowed; District Judge's finding of unlawful arrest overturned

Orders

  • District Judge's finding of unlawful arrest in each case reversed
  • Cases remitted for further proceedings consistent with High Court's opinion