Dunne -v- The Governor of Cloverhill Prison [2009] IESC 11 (18 February 2009)

Dunne -v- The Governor of Cloverhill Prison [2009] IESC 11 (18 February 2009)

Section 4B(3) of the Criminal Procedure Act 1967 does not require that the District Court must have sworn evidence before granting an extension of time for service of a Book of Evidence; the court may be satisfied by explanations from officers of the court unless the explanation is inadequate or challenged, in which case evidence may be required at the judge's discretion.

Citation
[2009] IESC 11
Parties
Applicant/respondent: Eamon Dunne; Respondent/appellant: The Governor of Cloverhill Prison
Jurisdiction
Ireland
Judgment Date
18 February 2009
Procedural Posture
Appeal (constitutional/habeas Corpus) / Supreme Court Judgment on Appeal From High Court Decision Under Article 40.4.2 of the Constitution
Outcome
Appeal allowed; High Court order set aside; detention held lawful
Legal Topics
Extension of Time for Service of Book of Evidence, Interpretation of S.4 B(3) Criminal Procedure Act 1967, Requirements for Adducing Evidence in Procedural Applications, Judicial Discretion in Procedural Matters, Lawfulness of Detention
Criminal Law Constitutional Law Criminal Procedure Extension of Time for Service of Book of Evidence Interpretation of S.4 B(3) Criminal Procedure Act 1967 Requirements for Adducing Evidence in Procedural Applications Judicial Discretion in Procedural Matters Lawfulness of Detention

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Parties

Eamon Dunne

Applicant/respondent

The Governor of Cloverhill Prison

Respondent/appellant

Procedural Posture

Appeal (constitutional/habeas Corpus) / Supreme Court Judgment on Appeal From High Court Decision Under Article 40.4.2 of the Constitution

Legal Issues

  1. 1 Whether s.4B(3) of the Criminal Procedure Act 1967 requires the District Court to have sworn evidence before granting an extension of time for service of Book of Evidence
  2. 2 Whether the applicant's detention was unlawful due to lack of evidence supporting the extension

Ratio Decidendi

Section 4B(3) of the Criminal Procedure Act 1967 does not require that the District Court must have sworn evidence before granting an extension of time for service of a Book of Evidence; the court may be satisfied by explanations from officers of the court unless the explanation is inadequate or challenged, in which case evidence may be required at the judge's discretion.

Court Disposition

Appeal allowed; High Court order set aside; detention held lawful

Orders

  • Order of the High Court directing release of the applicant is set aside
  • No requirement for sworn evidence in every application for extension under s.4B(3)