D.P.P. v. S. (M.) [2003] IESC 24 (2 April 2003)

D.P.P. v. S. (M.) [2003] IESC 24 (2 April 2003)

The Circuit Criminal Court, as a court of local and limited jurisdiction, does not have jurisdiction to determine the constitutionality of statutes enacted prior to the Constitution or to determine inconsistency with the European Convention on Human Rights; such questions must be determined by the High Court or Supreme Court.

Citation
[2003] IESC 24
Parties
Prosecutor/applicant: The People (at the suit of the Director of Public Prosecutions); Accused/respondent: M. S.; Notice Party/applicant: The Attorney General
Jurisdiction
Ireland
Judgment Date
02 April 2003
Procedural Posture
Consultative Case Stated / Supreme Court Determination of Questions of Law Referred by Circuit Court
Outcome
Questions answered: Circuit Court has no jurisdiction; substantive questions do not arise.
Legal Topics
Jurisdiction of Circuit Court, Constitutionality of Pre 1937 Statutes, Application of European Convention on Human Rights, Case Stated Procedure
Constitutional Law Criminal Law Procedure Jurisdiction of Circuit Court Constitutionality of Pre 1937 Statutes Application of European Convention on Human Rights Case Stated Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/applicant

M. S.

Accused/respondent

The Attorney General

Notice Party/applicant

Procedural Posture

Consultative Case Stated / Supreme Court Determination of Questions of Law Referred by Circuit Court

Legal Issues

  1. 1 Does the Circuit Criminal Court have jurisdiction to determine constitutionality of pre-1937 statutes?
  2. 2 Are the provisions of S.62 of the Offences Against the Person Act 1861 inconsistent with the Constitution?
  3. 3 Does the Circuit Criminal Court have jurisdiction to determine inconsistency with the European Convention on Human Rights?

Ratio Decidendi

The Circuit Criminal Court, as a court of local and limited jurisdiction, does not have jurisdiction to determine the constitutionality of statutes enacted prior to the Constitution or to determine inconsistency with the European Convention on Human Rights; such questions must be determined by the High Court or Supreme Court.

Court Disposition

Questions answered: Circuit Court has no jurisdiction; substantive questions do not arise.

Orders

  • (1) No
  • (2) Does not arise