Coffey -v- A Judge of the District Court & anor [2018] IEHC 62 (09 February 2018)

Coffey -v- A Judge of the District Court & anor [2018] IEHC 62 (09 February 2018)

The District Judge acted within the law in refusing to grant a separate Legal Aid Certificate for the Garda Reilly Charges, as both sets of charges were before the court at the same time and already covered by an existing certificate. There was no legal authority to grant a second certificate in these circumstances.

Citation
[2018] IEHC 62
Parties
Applicant: Shane Coffey; First Respondent: A Judge of the District Court; Second Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
09 February 2018
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application refused
Legal Topics
Legal Aid, Judicial Review, District Court Procedure
Criminal Law Administrative Law Legal Aid Judicial Review District Court Procedure

Case Brief

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Parties

Shane Coffey

Applicant

A Judge of the District Court

First Respondent

The Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the District Judge was required to grant a separate Legal Aid (District Court) Certificate for distinct prosecutions arising from different incidents and prosecutors.
  2. 2 Whether the refusal to grant a separate certificate was unreasonable, irrational, or contrary to statutory requirements.

Ratio Decidendi

The District Judge acted within the law in refusing to grant a separate Legal Aid Certificate for the Garda Reilly Charges, as both sets of charges were before the court at the same time and already covered by an existing certificate. There was no legal authority to grant a second certificate in these circumstances.

Court Disposition

Application refused

Orders

  • Refusal to grant order of certiorari quashing the refusal to grant a separate Legal Aid Certificate for case no. 2015/76868.