Brien applicant (Article 40 of the Constitution) [2015] IEHC 550 (08 August 2015)

Brien applicant (Article 40 of the Constitution) [2015] IEHC 550 (08 August 2015)

The applicant is lawfully detained on foot of a valid court order, and his only complaint is the failure to list a bail application, which does not render his detention unlawful. The extraordinary remedy of habeas corpus is not appropriate in these circumstances; the proper remedy is judicial review.

Citation
[2015] IEHC 550
Parties
Applicant: Liam Brien; Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
08 August 2015
Procedural Posture
Habeas Corpus Application / Judgment on Ex Parte Application
Outcome
Application for habeas corpus refused
Legal Topics
Habeas Corpus, Bail Pending Judicial Review, Presumption of Constitutionality, Post Conviction Detention
Constitutional Law Criminal Law Human Rights Habeas Corpus Bail Pending Judicial Review Presumption of Constitutionality Post Conviction Detention

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Parties

Liam Brien

Applicant

Ireland and the Attorney General

Respondents

Procedural Posture

Habeas Corpus Application / Judgment on Ex Parte Application

Legal Issues

  1. 1 Whether the applicant is entitled to habeas corpus where his only complaint is the failure to list a bail application pending plenary proceedings challenging the Juries Act, 1976
  2. 2 Whether the High Court has inherent jurisdiction to grant bail or conditional release in such circumstances

Ratio Decidendi

The applicant is lawfully detained on foot of a valid court order, and his only complaint is the failure to list a bail application, which does not render his detention unlawful. The extraordinary remedy of habeas corpus is not appropriate in these circumstances; the proper remedy is judicial review.

Court Disposition

Application for habeas corpus refused

Orders

  • Refusal of habeas corpus application