Attorney General v McBride
| Jurisdiction | Ireland |
| Judgment Date | 06 September 1928 |
| Date | 06 September 1928 |
| Court | High Court (Irish Free State) |
Being suspected of an offence - Inviolability of the liberty of the person - Constitution of the Irish Free State - Amendment - Construction of statute - District Justice declining jurisdiction -Mandamus - Alternative remedy - Case stated -Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1. of 1922), Sch. I., Arts. 6, 47, and 50 - Public Safety Act, 1927 (No. 31 of 1927), ss. 3, 16, and Sch., Part I.
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Art. 6 of the Constitution of the Irish Free State provides: "The liberty of the person is inviolable, and no person shall be deprived of his liberty except in accordance with law . . ." The Public Safety Act, 1927 (No. 31 of 1927), s. 3, provides: "Every provision of this Act which is in contravention of any provision of the Constitution shall to the extent of such contravention operate and have effect as an amendment for so long only as this Act continues in force of such provision of the Constitution." Section 16 (1) of the same Act provides: "It shall be lawful for a superintendent of the Gárda SÃochána to arrest or cause to be arrested any person whom he suspects of being or having been engaged or concerned in the commission of any of the offences mentioned in Part I of the Schedule to this Act, and whose detention is in the opinion of such superintendent necessary or desirable for the proper investigation of such offence or any other like offence."Sub-section 2 provides: "Whenever any person is arrested under this section the super-intendent of the Gárda SÃochána responsible for such arrest shall, as soon as conveniently may be, bring such person before a Justice of the District Court, and, upon such super-intendent stating to such Justice that in his opinion there is ground for suspecting such person of being or having been engaged or concerned in the commission of any of the...
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