DPP v Carolan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1998
• Date: 01 January 1998
• Court: High Court

(H.C.)

Director of Public Prosecutions

and

Carolan

- Validity - Delay in bringing accused to Garda station - Road traffic offence -Driving while under the influence of an intoxicant -Whether arrest of accused tainted by subsequent events - Whether custody of accused unlawful -Whether constitutional rights of accused were violated -Whether accused conveyed to garda station as soon as reasonably possible - Criminal Justice Act, 1984 (No. 22), s. 4 - Road Traffic Act, 1961 (No. 24), s. 49 - Road Traffic Act, 1994 (No. 7), s. 10.

Facts S. 49(2) of the Road Traffic Act, 1961, as inserted by s. 10 of the Road Traffic Act, 1994, creates the offence of driving in a public place so that within three hours after so driving the concentration of alcohol in the blood exceeds 80 milligrams of alcohol per 100 millilitres of blood. S. 49(8) of the 1961 Act as inserted by s. 10 of the 1994 Act allows a member of the Garda Síochána to arrest without warrant a person who, in the opinion of that member, is committing an offence under that section. S. 4 of the Criminal Justice Act, 1984, requires that the arrested person be conveyed to a garda station as soon as reasonably possible after arrest. The accused was arrested at a garda checkpoint at 12.25 a.m. on 8 December, 1996. He appeared at the District Court in Virginia, Co. Cavan, charged with an offence under s. 49(2) of the 1961 Act, as inserted by the 1994 Act. He had been driving a car in a public place and a member of the Garda Síochána formed the opinion that he was incapable of having proper control over the car due to his consumption of an intoxicant. The arrest was made pursuant to s. 49(8) of the 1961 Act for an offence under s. 49(1), (2), or (3). As the accused was in the garda car, another car approached the checkpoint but failed to stop. The gardaí gave chase to the other car for several minutes, questioned the driver and allowed him to continue. Thereafter, the garda car proceeded back along the road towards Bailieborough Garda Station where it arrived at around 12.50 a.m. The accused opted to give a blood sample. It was argued by the accused that the detention for several minutes for an extraneous or other purpose unconnected with the arrest, was not provided for by law and tainted the prosecution's case. It was also submitted that the accused was not brought to the garda station as soon as...