Buckley -v- DJ Hamill & anor [2016] IESC 42 (19 July 2016)

Renewal of committal warrants is only lawful where the person cannot be found. In this case, the applicant's whereabouts were known and the statutory precondition for renewal was not satisfied. Therefore, the renewals were invalid. Additionally, payment of the fine precludes imprisonment under the warrant.

Citation: [2016] IESC 42
Parties: Appellant: Sharon Buckley; Respondent: District Judge Hamill; Respondent: Superintendent of An Garda Síochána of Lucan Garda Station
Jurisdiction: Ireland
Judgment Date: 19 July 2016
Procedural Posture: Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Certiorari
Outcome: Appeal allowed
Legal Topics: Execution of Committal Warrants, Renewal of Warrants, Road Traffic Offences, Payment of Fines, Statutory Interpretation, Procedural Fairness

Criminal Law Judicial Review Administrative Law Execution of Committal Warrants Renewal of Warrants Road Traffic Offences Payment of Fines Statutory Interpretation +1 more

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Sharon Buckley

Appellant

District Judge Hamill

Respondent

Superintendent of An Garda Síochána of Lucan Garda Station

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Certiorari

Legal Issues

1 Whether the District Judge lawfully reissued committal warrants when the applicant's whereabouts were known
2 Whether statutory requirements for renewal of warrants were satisfied
3 Whether payment of the fine precludes imprisonment under the warrant

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Renewals of the committal warrants quashed
Applicant entitled to relief in respect of the twelfth warrant as the fine was paid