DPP v Doyle

• Jurisdiction: Ireland
• Judge: Denham C.J.,Hardiman J.,MacMenamin J.
• Judgment Date: 28 October 2015
• Neutral Citation: [2015] IESCDET 45
• Court: Supreme Court
• Date: 28 October 2015

[2015] IESCDET 45

THE SUPREME COURT

DETERMINATION

Denham C.J.

Hardiman J.

MacMenamin J.

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

AND

BARRY DOYLE

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES

RESULT: The Court grants leave to Barry Doyle to appeal to this Court from the Court of Appeal on the issues identified in this determination.

REASONS GIVEN:

1 This determination relates to an application brought by Barry Doyle, the applicant, referred to as ‘the applicant’, in which he seeks leave to appeal to this Court from the decision of the Court of Appeal delivered on the 8th June, 2015.

2 The Director of Public Prosecutions is the respondent, and is referred to as ‘the DPP’.

3 This Court has jurisdiction to hear an appeal from the Court of Appeal in the circumstances described in Article 34.5.3° of the Constitution, which states:-

‘3° The Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the Court of Appeal if the Supreme Court is satisfied that –

i the decision involves a matter of general public importance, or

ii in the interests of justice it is necessary that there be an appeal to the Supreme Court.’

4 The decision of the Supreme Court under Article 34.5.6° is, in all cases, ‘final and conclusive’.

5 The constitutional framework established by the 33rd Amendment of the Constitution thus requires, in order for a party to be entitled to appeal to this Court from a decision of the Court of Appeal, that it be demonstrated that either ‘a matter of general public importance’ arises, or that ‘in the interests of justice it is necessary that there be an appeal’ to this Court.

6 The statutory framework for the exercise of the right to apply to this Court for such leave is to be found in the Court of Appeal Act, 2014, and in particular the provisions of s. 44 of that Act which inserts a new s. 7 into the Courts (Supplemental Provisions) Act, 1961. The Rules of Court are set out in the amended Order 58.

7 The Constitution has retained the entitlement of one appeal as of right from the High Court to the Court of Appeal, subject to express exclusions or regulation by statute. What is sought here is a second appeal. The jurisdiction to bring an appeal to this Court is confined principally to cases where, as a result of the determination of the Court of Appeal, the decision of that Court is such that the issues raised on a proposed appeal would involve a matter of general public importance or would be such that it is in the interests of justice that there be a further appeal to this Court.

8 In this application the applicant seeks to appeal from parts of the decision of the Court of Appeal. While the applicant set out ‘facts not considered to be in dispute’, the DPP did not agree with that analysis.

9 The reasons given by the applicant as to why this Court should grant leave to appeal include the following:-

(i) The fair administration of justice requires that the Court ensures that any confessions obtained while an accused is in Garda custody are obtained voluntarily.

(ii) An accused has a right to reasonable access to a solicitor while in custody but the extent of that right has not been precisely defined.

(iii) The safety of the conviction in the present case depends on the lawfulness of the interviews conducted in the absence of a solicitor. Thus the query is raised as to whether denial of access during...