Whelan -v- District Court Judge Fitzpatrick & Anor [2007] IEHC 213 (13 June 2007)

Whelan -v- District Court Judge Fitzpatrick & Anor [2007] IEHC 213 (13 June 2007)

The District Court Judge acted unlawfully by refusing legal aid on the basis of a blanket policy against granting legal aid in driving cases, thereby fettering his statutory discretion and failing to consider the relevant statutory criteria under s.2 of the Criminal Justice (Legal Aid) Act 1962. The refusal was ultra vires and in breach of the applicant's right to natural and constitutional justice.

Citation
[2007] IEHC 213
Parties
Applicant: Gareth Whelan; First Respondent: District Court Judge Thomas Fitzpatrick; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
13 June 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Order of certiorari granted; District Court Judge's refusal of legal aid quashed.
Legal Topics
Legal Aid, Judicial Discretion, Natural Justice, Ultra Vires, Road Traffic Offences
Criminal Law Administrative Law Constitutional Law Legal Aid Judicial Discretion Natural Justice Ultra Vires Road Traffic Offences

Case Brief

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Parties

Gareth Whelan

Applicant

District Court Judge Thomas Fitzpatrick

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the District Court Judge failed to conduct a proper inquiry under s.2 of the Criminal Justice (Legal Aid) Act 1962
  2. 2 Whether the Judge took into account irrelevant considerations and fettered his discretion by applying a blanket policy against legal aid in driving cases
  3. 3 Whether the refusal of legal aid violated the applicant's constitutional right to a fair trial

Ratio Decidendi

The District Court Judge acted unlawfully by refusing legal aid on the basis of a blanket policy against granting legal aid in driving cases, thereby fettering his statutory discretion and failing to consider the relevant statutory criteria under s.2 of the Criminal Justice (Legal Aid) Act 1962. The refusal was ultra vires and in breach of the applicant's right to natural and constitutional justice.

Court Disposition

Order of certiorari granted; District Court Judge's refusal of legal aid quashed.

Orders

  • Certiorari issued quashing the District Court Judge's refusal of legal aid to the applicant.