State (Flynn) v. Governor of Mountjoy Prison [1987] IEHC 20 (6 May 1987)

State (Flynn) v. Governor of Mountjoy Prison [1987] IEHC 20 (6 May 1987)

Unreasonable delay in execution of a committal warrant, where the authorities are aware or ought to be aware of the person's whereabouts and fail to act, renders subsequent arrest and detention unlawful unless the warrant is properly re-issued by the court. In Mary McCormick's case, the delay and failure to respond to her inquiries made the arrest unlawful; in Bernard Flynn's case, the warrant was re-issued and not challenged, so the arrest was lawful.

Citation
[1987] IEHC 20
Parties
Prosecutor: Bernard Flynn; Prosecutor: Joseph Flannery; Prosecutrix: Mary McCormick; Respondent: Governor of Mountjoy Prison
Jurisdiction
Ireland
Judgment Date
06 May 1987
Procedural Posture
Judicial Review / Habeas Corpus / High Court Judgment
Outcome
Application granted in part, refused in part
Legal Topics
Execution of Warrants, Delay in Enforcement, Fair Procedures, Unlawful Detention
Criminal Law Constitutional Law Administrative Law Execution of Warrants Delay in Enforcement Fair Procedures Unlawful Detention

Case Brief

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Parties

Bernard Flynn

Prosecutor

Joseph Flannery

Prosecutor

Mary McCormick

Prosecutrix

Governor of Mountjoy Prison

Respondent

Procedural Posture

Judicial Review / Habeas Corpus / High Court Judgment

Legal Issues

  1. 1 Whether delay in execution of committal warrants renders subsequent arrest and detention unlawful
  2. 2 Whether Garda procedures for execution of warrants comply with fair procedures and constitutional rights
  3. 3 Whether re-issue of warrants after delay cures prior procedural unfairness

Ratio Decidendi

Unreasonable delay in execution of a committal warrant, where the authorities are aware or ought to be aware of the person's whereabouts and fail to act, renders subsequent arrest and detention unlawful unless the warrant is properly re-issued by the court. In Mary McCormick's case, the delay and failure to respond to her inquiries made the arrest unlawful; in Bernard Flynn's case, the warrant was re-issued and not challenged, so the arrest was lawful.

Court Disposition

Application granted in part, refused in part

Orders

  • Relief granted to Mary McCormick; her detention declared unlawful and she is to be released.
  • Relief refused to Bernard Flynn; his detention is lawful.