Murphy v. Shields [1998] IEHC 167 (27th November, 1998)

Murphy v. Shields [1998] IEHC 167 (27th November, 1998)

While the District Judge had jurisdiction to issue the bench warrant, the continued existence of the unexecuted warrant for over a year, with the threat of arbitrary execution, is unjustified and entitles the Applicant to relief by way of certiorari quashing the warrant.

Citation
[1998] IEHC 167
Parties
Applicant: [Redacted] (Applicant); First Respondent: District Judge Daniel G. Sheilds; Respondent: The State
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
Order of certiorari granted quashing the bench warrant.
Legal Topics
Bench Warrant, Certiorari, District Court Procedure, Execution of Warrants, Discretion of Trial Judge
Criminal Law Judicial Review Administrative Law Bench Warrant Certiorari District Court Procedure Execution of Warrants Discretion of Trial Judge

Case Brief

Summary, issues, holding and outcome

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Parties

[Redacted] (Applicant)

Applicant

District Judge Daniel G. Sheilds

First Respondent

The State

Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the District Judge acted ultra vires, unreasonably, or without jurisdiction in issuing a bench warrant for the Applicant's arrest after refusal of an adjournment due to hazardous weather conditions.
  2. 2 Whether the continued existence of the unexecuted bench warrant constitutes a violation of the Applicant's rights.

Ratio Decidendi

While the District Judge had jurisdiction to issue the bench warrant, the continued existence of the unexecuted warrant for over a year, with the threat of arbitrary execution, is unjustified and entitles the Applicant to relief by way of certiorari quashing the warrant.

Court Disposition

Order of certiorari granted quashing the bench warrant.

Orders

  • The bench warrant issued against the Applicant on 5 December 1997 is quashed by order of certiorari.