T.D.I. Metro Ltd. v. Delap [2000] IESC 62 (5th July, 2000)

T.D.I. Metro Ltd. v. Delap [2000] IESC 62 (5th July, 2000)

The power conferred on a planning authority to 'prosecute summarily' under Section 80(1) of the 1963 Act as amended includes the initiation of prosecution for an indictable offence intended to be tried summarily, provided the statutory preconditions for summary disposal are met. The initiation of such prosecution is intra vires and does not become retrospectively invalid if the District Judge later declines summary jurisdiction.

Citation
[2000] IESC 62
Parties
Applicant/respondent: T. D. I. Metro Ltd.; Applicant/respondent: Patrick Halligan; Respondent: Judge Sean Delap; Notice Party/appellant: Fingal County Council; Added Notice Party: The Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review (certiorari) / Supreme Court Appeal From High Court Order of Certiorari
Outcome
Appeal allowed; High Court order of certiorari set aside; application for judicial review refused.
Legal Topics
Prosecution of Offences by Statutory Bodies, Interpretation of 'prosecuted Summarily', Jurisdiction of District Court, Role of Director of Public Prosecutions, Summary Vs Indictable Offences
Administrative Law Criminal Law Planning Law Constitutional Law Prosecution of Offences by Statutory Bodies Interpretation of 'prosecuted Summarily' Jurisdiction of District Court Role of Director of Public Prosecutions +1 more

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Parties

T. D. I. Metro Ltd.

Applicant/respondent

Patrick Halligan

Applicant/respondent

Judge Sean Delap

Respondent

Fingal County Council

Notice Party/appellant

The Attorney General

Added Notice Party

Procedural Posture

Judicial Review (certiorari) / Supreme Court Appeal From High Court Order of Certiorari

Legal Issues

  1. 1 Whether a planning authority may initiate prosecution for an indictable offence under the Planning Acts to be tried summarily
  2. 2 Interpretation of 'prosecuted summarily' in Section 80(1) of the Local Government (Planning and Development) Act 1963 as amended
  3. 3 Whether the initiation of prosecution for an indictable offence by a planning authority is intra vires

Ratio Decidendi

The power conferred on a planning authority to 'prosecute summarily' under Section 80(1) of the 1963 Act as amended includes the initiation of prosecution for an indictable offence intended to be tried summarily, provided the statutory preconditions for summary disposal are met. The initiation of such prosecution is intra vires and does not become retrospectively invalid if the District Judge later declines summary jurisdiction.

Court Disposition

Appeal allowed; High Court order of certiorari set aside; application for judicial review refused.

Orders

  • Order of the High Court quashing the District Court conviction is set aside.
  • Application for judicial review by way of certiorari is refused.