Mc Auley v Governor of Mountjoy Prison [2012] IESC 57 (29 November 2012)

Mc Auley v Governor of Mountjoy Prison [2012] IESC 57 (29 November 2012)

The Governor's power to defer the commencement of a sanction for breach of prison discipline is a necessary incident of the statutory jurisdiction conferred by the Prisons Act 2007, and may be implied even if not expressly stated, to avoid undermining the statutory scheme and to ensure effective discipline.

Citation
[2012] IESC 57
Parties
Applicant/appellant: James McAuley; Respondent: Governor of Mountjoy Prison
Jurisdiction
Ireland
Judgment Date
29 November 2012
Procedural Posture
Judicial Review/appeal / Supreme Court Appeal From High Court Dismissal of Certiorari Application
Outcome
Appeal dismissed
Legal Topics
Prison Discipline, Statutory Interpretation, Implied Powers, Sanctions for Breach of Prison Rules
Criminal Law Prison Law Administrative Law Prison Discipline Statutory Interpretation Implied Powers Sanctions for Breach of Prison Rules

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Parties

James McAuley

Applicant/appellant

Governor of Mountjoy Prison

Respondent

Procedural Posture

Judicial Review/appeal / Supreme Court Appeal From High Court Dismissal of Certiorari Application

Legal Issues

  1. 1 Whether the Governor of a prison has the power to defer the commencement of a sanction for breach of prison discipline under the Prisons Act 2007
  2. 2 Whether such power must be expressly provided for in statute or may be implied

Ratio Decidendi

The Governor's power to defer the commencement of a sanction for breach of prison discipline is a necessary incident of the statutory jurisdiction conferred by the Prisons Act 2007, and may be implied even if not expressly stated, to avoid undermining the statutory scheme and to ensure effective discipline.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Governor's action in deferring the commencement of the sanction is upheld.