D.P.P. v. McCormack [1999] IEHC 13; [1999] 4 IR 158; [2000] 1 ILRM 241 (8th July, 1999)

D.P.P. v. McCormack [1999] IEHC 13; [1999] 4 IR 158; [2000] 1 ILRM 241 (8th July, 1999)

The accused was not validly arrested because the arresting Garda did not use a form of words indicating to the accused that he was under restraint; this lack of valid arrest vitiated subsequent procedures, and the charge was properly dismissed.

Citation
[1999] IEHC 13
Parties
Prosecutor/appellant: Director of Public Prosecutions; Accused/respondent: Michael McCormack
Jurisdiction
Ireland
Procedural Posture
Appeal by Way of Case Stated / High Court Judgment
Outcome
charge dismissed
Legal Topics
Validity of Arrest, Requirement to Inform Accused of Arrest, Road Traffic Offences, Procedure for Arrest Without Warrant
Criminal Law Road Traffic Law Validity of Arrest Requirement to Inform Accused of Arrest Road Traffic Offences Procedure for Arrest Without Warrant

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Parties

Director of Public Prosecutions

Prosecutor/appellant

Michael McCormack

Accused/respondent

Procedural Posture

Appeal by Way of Case Stated / High Court Judgment

Legal Issues

  1. 1 Whether failure to inform accused of arrest and reason for arrest invalidates subsequent procedures
  2. 2 Whether technical or layman's language is required to communicate reason for arrest
  3. 3 Whether a form of words indicating restraint is necessary for a valid arrest

Ratio Decidendi

The accused was not validly arrested because the arresting Garda did not use a form of words indicating to the accused that he was under restraint; this lack of valid arrest vitiated subsequent procedures, and the charge was properly dismissed.

Court Disposition

charge dismissed

Orders

  • The charge against the accused is dismissed due to invalid arrest.