DPP (Houlihan) v P.G.
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1997 |
| Date | 01 January 1997 |
| Docket Number | [S.C. |
| Court | Supreme Court |
- Place of detention - Reformatory school - Statutory provision requiring reformatory school to be conducted in accordance with the doctrines of the Roman Catholic Church - Whether school required to be owned or controlled by religious community - Whether absence of religious instruction depriving school of requisite character - Statute - Interpretation - "Conducted in accordance with the doctrines of the Roman Catholic Church" - Children Act, 1908 (8 Edw. 7 c. 67), ss. 66, 133 (18).
Section 66, sub-s. 1 of the Children Act, 1908, provides as follows:- "The court or justice, in determining the certified school to which a youthful offender or child is to be sent, shall endeavour to ascertain the religious persuasion to which the offender or child belongs, and the detention order shall, where practicable, specify the religious persuasion to which the offender or child appears to belong, and a school conducted in accordance with that persuasion shall, where practicable, be selected." Section 133 of the Act of 1908 provides as follows:- "This Act in its application to Ireland shall be subject to the following modifications …:- (18) In the application of the provisions of Part IV of this Act relating to the sending, removal, and transfer, respectively, of a youthful offender or child to and from certified school, the following provisions shall apply:- 'Provided that a youthful offender or child who appears to belong to the Roman Catholic Church shall not be ordered to be sent, removed, or transferred to any school save to a certified school conducted in accordance with the doctrines of that church, and a youthful offender or child who does not appear to belong to the Roman Catholic Church shall not be ordered to be sent, removed, or transferred to any school conducted in accordance with the doctrines of that church …'." The accused, a juvenile, pleaded guilty to a charge of burglary before a District Judge at a sitting of the Children's Court. The District Judge having considered the various probation reports and assessments furnished to him, concluded that his only option was to send the accused to a reformatory school for male juvenile offenders which had been accordingly certified by the notice party under the relevant legislation. However, it was found as a fact by the District Judge that the two reformatory schools for male juveniles in the State only provided to their Roman Catholic...
To continue reading
Request your trial
-
Western Health Board v K.M.
...CARE ACT 1991 S36(3) CHILDREN ACT 1908 GUARDIANSHIP OF INFANTS ACT 1964 S11 BANK OF IRELAND V PURCELL 1989 IR 327 HOULIHAN, DPP V G (P) 1996 1 IR 281 EASTERN HEALTH BOARD V MCDONNELL 1999 1IR 174 H & H, RE 1988 2 FLR 431 R V UNITED KINGDOM 1988 2 FLR 445 M & D, STATE V MIN FOR FOREIGN AFF......
-
DPP v Bailey
...case stated, the High Court is confined strictly to considering the facts as found by the District Judge [ DPP (Houlihan) v. P.G. [1996]1 IR 281, 294 refers]. Bearing this in mind and with regard to the matters raised by counsel for the accused, I am satisfied from my analysis of the case ......
-
Child and Family Agency -v- HL & Anor
...out in the decisions relied upon by counsel for the Applicant in the cases of The Director of Public Prosecutions (Houlihan) v. P.G. [1996] 1 I.R. 281 and M.F. v. Ballymun Garda Station [1991] 1 I.R. 189. I would therefore accept the submission of the respondent that the construction of the......
-
Jason English v DPP
...out in the decisions relied upon by counsel for the applicant in the cases of The Director of Public Prosecutions (Houlihan) v. P.G. [1996] 1 I.R. 281 and M.F. v. Superintendent, Ballymun Garda Station [1991] 1 I.R. 189." 41 I would therefore accept the submission of the respondent that the......