Creaven & Ors v. Criminal Assets Bureau & Ors [2004] IEHC 26 (24 February 2004)

Creaven & Ors v. Criminal Assets Bureau & Ors [2004] IEHC 26 (24 February 2004)

Section 55 warrants were invalid as no proper request was received from the UK government in accordance with Irish and UK law; District Judge Anderson was lawfully assigned to multiple districts; issuing search warrants under section 14 is a ministerial act and does not require physical presence in the district.

Citation
[2004] IEHC 26
Parties
Applicant: Dylan Creaven; Applicant: Silicon Technologies (Europe) Limited; Applicant: Bradenville Holdings Limited; Respondent: Criminal Assets Bureau; Respondent: Felix J. McKenna; Respondent: District Judge David Anderson; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
24 February 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Section 55 warrants quashed; section 14 warrants upheld
Legal Topics
Search Warrants, Jurisdiction of District Judges, International Mutual Assistance, Ministerial Vs Judicial Acts
Criminal Law Administrative Law Judicial Review Search Warrants Jurisdiction of District Judges International Mutual Assistance Ministerial Vs Judicial Acts

Case Brief

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Parties

Dylan Creaven

Applicant

Silicon Technologies (Europe) Limited

Applicant

Bradenville Holdings Limited

Applicant

Criminal Assets Bureau

Respondent

Felix J. McKenna

Respondent

District Judge David Anderson

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether search warrants issued under section 55 of the Criminal Justice Act 1994 were valid given the requirements for a ministerial direction in response to a proper request from a foreign government
  2. 2 Whether District Judge Anderson was lawfully assigned to multiple districts simultaneously
  3. 3 Whether the issuing of search warrants under section 14 of the Criminal Assets Bureau Act 1996 required the judge to be physically present in the relevant district

Ratio Decidendi

Section 55 warrants were invalid as no proper request was received from the UK government in accordance with Irish and UK law; District Judge Anderson was lawfully assigned to multiple districts; issuing search warrants under section 14 is a ministerial act and does not require physical presence in the district.

Court Disposition

Section 55 warrants quashed; section 14 warrants upheld