Preece v. D.P.P. [2000] IEHC 91 (7th December, 2000)

Preece v. D.P.P. [2000] IEHC 91 (7th December, 2000)

The absence of a Section 11 certificate was fatal to the original prosecution, but the subsequent issue of a certificate by the Minister for Foreign Affairs for future proceedings was not ultra vires. The actions of the Director of Public Prosecutions and the Minister did not amount to a deliberate or conscious violation of the applicant's constitutional rights or an abuse of process. The entry of a nolle prosequi and immediate re-arrest of the applicant were lawful in the circumstances, as the applicant was not deprived of any juridical advantage and no unfairness amounting to a constitutional violation was established.

Citation
[2000] IEHC 91
Parties
Applicant: George Preece; First Respondent: Director of Public Prosecutions; Second Respondent: Minister for Foreign Affairs
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment on Application for Certiorari and Prohibition
Outcome
Application for judicial review refused
Legal Topics
Judicial Review, Abuse of Process, Jurisdiction, Prosecution of Aliens, Ministerial Certificates, Nolle Prosequi, Fair Procedures, Unlawful Detention
Criminal Law Constitutional Law Administrative Law Judicial Review Abuse of Process Jurisdiction Prosecution of Aliens Ministerial Certificates +3 more

Case Brief

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Parties

George Preece

Applicant

Director of Public Prosecutions

First Respondent

Minister for Foreign Affairs

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari and Prohibition

Legal Issues

  1. 1 Whether the absence of a certificate under Section 11 of the Maritime Jurisdiction Act 1959 was fatal to the original prosecution
  2. 2 Whether the subsequent issue of a certificate by the Minister for Foreign Affairs was valid and lawful
  3. 3 Whether the actions of the Director of Public Prosecutions and the Minister amounted to an abuse of process or a violation of the applicant's constitutional rights

Ratio Decidendi

The absence of a Section 11 certificate was fatal to the original prosecution, but the subsequent issue of a certificate by the Minister for Foreign Affairs for future proceedings was not ultra vires. The actions of the Director of Public Prosecutions and the Minister did not amount to a deliberate or conscious violation of the applicant's constitutional rights or an abuse of process. The entry of a nolle prosequi and immediate re-arrest of the applicant were lawful in the circumstances, as the applicant was not deprived of any juridical advantage and no unfairness amounting to a constitutional violation was established.

Court Disposition

Application for judicial review refused

Orders

  • Refusal of order of certiorari quashing the Minister's certificate
  • Refusal of prohibition against further prosecution