Zambra v. McNulty [2002] IEHC 21 (21st March, 2002)

Zambra v. McNulty [2002] IEHC 21 (21st March, 2002)

A District Judge's decision, prior to 1 October 2001, that a case is not to be tried summarily and to remand the accused for service of a Book of Evidence constitutes a step under Part II of the 1967 Act for the purposes of section 23 of the Criminal Justice Act 1999, thereby preserving the old procedure. The order made by the District Judge applying the 1999 Act was ultra vires and void.

Citation
[2002] IEHC 21
Parties
Applicant: Mr. Zambra; Respondent: District Judge (Respondent); Notice Party: Director of Public Prosecutions (DPP)
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment on Application for Certiorari
Outcome
Order of District Judge quashed as ultra vires; matter to be remitted for preliminary examination under the 1967 Act.
Legal Topics
Transitional Provisions, Preliminary Examination, Indictable Offences, Criminal Procedure, Jurisdiction of District Court
Criminal Law Judicial Review Statutory Interpretation Transitional Provisions Preliminary Examination Indictable Offences Criminal Procedure Jurisdiction of District Court

Case Brief

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Parties

Mr. Zambra

Applicant

District Judge (Respondent)

Respondent

Director of Public Prosecutions (DPP)

Notice Party

Procedural Posture

Judicial Review / High Court Judgment on Application for Certiorari

Legal Issues

  1. 1 What constitutes 'any steps have been taken under Part II of the Criminal Procedure Act, 1967' for the purposes of section 23 of the Criminal Justice Act, 1999?
  2. 2 Does a decision by the District Judge to remand for service of a Book of Evidence before 1 October 2001 preserve the old procedure under the 1967 Act?

Ratio Decidendi

A District Judge's decision, prior to 1 October 2001, that a case is not to be tried summarily and to remand the accused for service of a Book of Evidence constitutes a step under Part II of the 1967 Act for the purposes of section 23 of the Criminal Justice Act 1999, thereby preserving the old procedure. The order made by the District Judge applying the 1999 Act was ultra vires and void.

Court Disposition

Order of District Judge quashed as ultra vires; matter to be remitted for preliminary examination under the 1967 Act.

Orders

  • Certiorari granted quashing the District Judge's order of 31 October 2001.
  • Matter remitted to the District Court for preliminary examination under Part II of the Criminal Procedure Act 1967.