D.P.P. v. McDermott & Anor [2005] IEHC 132 (12 May 2005)

D.P.P. v. McDermott & Anor [2005] IEHC 132 (12 May 2005)

The amendments to the Registration of Births and Deaths (Ireland) Act, 1863, by the Social Welfare (Miscellaneous Provisions) Act, 2002, are procedural and evidential in nature and therefore apply retrospectively to pending proceedings. Proof of age in criminal proceedings may be established by production of a duly certified copy of an entry in the register of births, without the necessity of parental testimony.

Citation
[2005] IEHC 132
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Richard McDermott; Defendant: Sheila Riordan
Jurisdiction
Ireland
Judgment Date
12 May 2005
Procedural Posture
Consultative Case Stated / High Court Judgment on Questions Referred From District Court
Outcome
Third question answered affirmatively; first and second questions unnecessary.
Legal Topics
Proof of Age, Admissibility of Birth Certificates, Retrospective Application of Procedural Statutes
Criminal Law Evidence Law Statutory Interpretation Proof of Age Admissibility of Birth Certificates Retrospective Application of Procedural Statutes

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Richard McDermott

Defendant

Sheila Riordan

Defendant

Procedural Posture

Consultative Case Stated / High Court Judgment on Questions Referred From District Court

Legal Issues

  1. 1 Whether a birth certificate alone proves the age of a person in criminal proceedings
  2. 2 Whether procedural amendments to evidential rules apply retrospectively
  3. 3 Whether parental testimony is required to prove age and validity of birth certificate

Ratio Decidendi

The amendments to the Registration of Births and Deaths (Ireland) Act, 1863, by the Social Welfare (Miscellaneous Provisions) Act, 2002, are procedural and evidential in nature and therefore apply retrospectively to pending proceedings. Proof of age in criminal proceedings may be established by production of a duly certified copy of an entry in the register of births, without the necessity of parental testimony.

Court Disposition

Third question answered affirmatively; first and second questions unnecessary.

Orders

  • Proof of age may be established by production of a duly certified copy of an entry in the register of births under s.30A of the Registration of Births and Deaths (Ireland) Act, 1863 as amended.