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Constitutional law 2026_IEHC_630

Walsh -v- Governor Of Cloverhill Prison and Ors

The High Court held that a later, unchallenged refusal of conventional bail made the applicant’s continued detention lawful, so Article 40 release was refused.

  • Lawfulness of detention
  • Conventional bail
  • Interim release
  • District court bail hearing
  • High court bail determination
  • Pre-trial detention
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Criminal law 2026_IEHC_633

Morrissey Junior -v- The Director Of Public Prosecutions and Ors

Judicial review of a Circuit Court assault conviction was refused. The High Court held the application was out of time and, in any event, no unfair trial or reviewable error was shown.

  • Assault conviction
  • Extension of time
  • Adjournment and fair procedures
  • Disclosure and evidence gathering
  • Failure to investigate
  • Public order offences
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Constitutional law 2026_IEHC_634

Cureja and Mate -v- The Governor of Wheatfield Prison, the Director of Public Prosecutions and the Minister for Justice, Home Affairs and Migration

High Court refused Article 40.4.2° relief to two applicants held on remand awaiting sentence, finding the Circuit Court remand orders valid on their face and within jurisdiction.

  • Lawfulness of detention
  • Pre-sentence remand
  • Legal representation
  • Criminal legal aid dispute
  • Jurisdiction and valid orders
  • Fundamental denial of justice
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Constitutional law 2026_IEHC_618

Cronin -v- The Governor Of Cloverhill Prison and Ors

The High Court held that Jordan Cronin’s District Court bail hearing was fundamentally flawed and ordered his immediate release under Article 40.4.2°.

  • Lawfulness of detention
  • Bail hearing fairness
  • Legal representation
  • Cross-examination
  • Right to give evidence
  • Privilege against self-incrimination
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Constitutional law 2026_IEHC_610

Doros -v- The Governor Of Cloverhill Prison

The High Court refused Article 40 relief, holding that the District Court bail hearing, though contested and unrepresented, remained a lawful hearing.

  • Lawfulness of detention
  • Bail hearing
  • Procedural fairness
  • Unrepresented accused
  • Article 40.4.2°
  • Article-40
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Constitutional law 2026_IEHC_604

Kinane -v- Governor Of Cork Prison and Anor

The High Court dismissed an Article 40.4.2° inquiry after the applicant had been released on conventional bail, holding that no current detention remained.

  • Lawfulness of detention
  • Conventional bail versus interim release
  • Mootness
  • High court bail jurisdiction
  • Article 40.4.2° inquiry
  • Habeas-corpus
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Constitutional law 2026_IEHC_603

Kiely -v- Governor Of Cloverhill Prison and Anor

The High Court dismissed an Article 40.4.2° inquiry after holding that the applicant was on conventional bail, not currently detained, and that no fundamental defect was shown in the earlier District Court detention.

  • Article 40.4.2° detention inquiry
  • Conventional bail versus interim release
  • Lawfulness of detention
  • Residence condition on bail
  • Costs
  • Article-40-4-2
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Constitutional law 2026_IEHC_601

Nevin -v- Governor Of Castlerea Prison and Anor, Kelly -v- Governor Of Limerick Prison and Anor, McDonagh -v- Governor Of Cloverhill Prison and Anor

The High Court refused Article 40 relief to David Nevin and Jonathan Kelly, but ordered Martin McDonagh’s immediate release after finding his bail hearing fundamentally unfair.

  • Article 40.4.2° detention inquiries
  • Bail hearings in district court
  • Right to legal representation
  • Opportunity to cross-examine
  • Privilege against self-incrimination
  • Remand pending criminal charges
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Constitutional law 2026_IEHC_599

Ennis -v- The Governor Of Cloverhill Prison, Irwin -v- The Governor Of Cloverhill Prison, O'Hanlon -v- The Governor Of Cloverhill Prison

The High Court held that Stephen Ennis and Shane Irwin were lawfully detained after District Court bail hearings, but ordered Seán O’Hanlon’s immediate release.

  • Lawfulness of detention
  • Refusal/revocation of bail
  • Right to legal representation
  • Notice and hearing fairness
  • Judicial comity and precedent
  • Article-40
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Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.