McDermott, State v. Magee [1985] IEHC 46 (22 April 1985)

McDermott, State v. Magee [1985] IEHC 46 (22 April 1985)

The court held that the applicant's detention was unlawful due to procedural defects and failure to comply with constitutional safeguards.

Citation
[1985] IEHC 46
Parties
Applicant: McDermott; Respondent: Magee
Jurisdiction
Ireland
Judgment Date
22 April 1985
Procedural Posture
Judicial Review / Final Judgment
Outcome
detention declared unlawful, applicant released
Legal Topics
Habeas Corpus, Detention, Judicial Review
Criminal Law Constitutional Law Habeas Corpus Detention Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

McDermott

Applicant

Magee

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 lawfulness of detention
  2. 2 procedural fairness in detention
  3. 3 scope of habeas corpus remedy

Ratio Decidendi

The court held that the applicant's detention was unlawful due to procedural defects and failure to comply with constitutional safeguards.

Court Disposition

detention declared unlawful, applicant released

Orders

  • Applicant to be released forthwith
  • Respondent to comply with constitutional and statutory requirements in future detentions