Grealis v. D.P.P. [1999] IEHC 35; [2000] 1 ILRM 358 (18th October, 1999)

Grealis v. D.P.P. [1999] IEHC 35; [2000] 1 ILRM 358 (18th October, 1999)

Prosecutions for common law offences of assault abolished by the Non-Fatal Offences Against the Person Act 1997 cannot proceed if charged after the Act's commencement due to the absence of saving provisions and the inapplicability of the Interpretation Act 1937; prosecutions for statutory offences, such as assault...

Source-derived case information.

Citation
[1999] IEHC 35
Parties
Applicant: Padraig Grealis; Respondents: The Director of Public Prosecutions Ireland and The Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment on Application for Prohibition of Prosecution
Outcome
Partial prohibition granted
Legal Topics
Abolition of Offences, Saving Provisions, Retrospective Application of Law, Judicial Review, Constitutionality of Statutes
Criminal Law Constitutional Law Statutory Interpretation Abolition of Offences Saving Provisions Retrospective Application of Law Judicial Review Constitutionality of Statutes

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Summary, issues, holding and outcome

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Parties

Padraig Grealis

Applicant

The Director of Public Prosecutions Ireland and The Attorney General

Respondents

Procedural Posture

Judicial Review / Judgment on Application for Prohibition of Prosecution

Legal Issues

  1. 1 Whether prosecutions for common law assault offences abolished by the Non-Fatal Offences Against the Person Act 1997 can proceed if charged after the Act's commencement
  2. 2 Whether Section 21 of the Interpretation Act 1937 or the Interpretation (Amendment) Act 1997 provide saving provisions for such prosecutions
  3. 3 Whether the Interpretation (Amendment) Act 1997 is constitutional

Ratio Decidendi

Prosecutions for common law offences of assault abolished by the Non-Fatal Offences Against the Person Act 1997 cannot proceed if charged after the Act's commencement due to the absence of saving provisions and the inapplicability of the Interpretation Act 1937; prosecutions for statutory offences, such as assault contrary to Section 47 of the Offences Against the Person Act 1861, may continue under the saving provisions of Section 21 of the Interpretation Act 1937; the Interpretation (Amendment) Act 1997 is unconstitutional insofar as it purports to revive abolished common law offences and interfere with ongoing judicial proceedings.

Court Disposition

Partial prohibition granted

Orders

  • Prohibition granted against prosecution for common law assault offences alleged in summonses dated 11th September 1997.
  • Prosecution for statutory offence of assault contrary to Section 47 of the Offences Against the Person Act 1861 (summons dated 12th September 1997) may continue.