DPP v Goulding

• Jurisdiction: Ireland
• Judge: Barrington, J.
• Judgment Date: 01 January 2000
• Neutral Citation: 2000 WJSC-SC 2405
• Docket Number: [S.C. No. 123 of 1999]
• Court: Supreme Court
• Date: 01 January 2000

2000 WJSC-SC 2405

THE SUPREME COURT

Barrington, J,

Lynch, J.

Barron, J.

Ref. No. 123/99

DPP v. GOULDING

THE DIRECTOR OF PUBLIC PROSECUTIONS

v.

GERARD GOULDING

Synopsis

Criminal Law

Bail; remand; temporary release; applicant had pleaded guilty to a charge of attempted robbery; case adjourned for sentence; refusal to grant bail pending sentence; application to High Court for bail; applicant already serving sentence; no provision allowing remand prisoners temporary release from prison on compassionate grounds; High Court ordered that accused could be admitted to bail if the governor of the prison in which he was detained was satisfied that an emergency existed that justified his release; whether the High Court had authority to make such an order; whether the exercise of a judicial power had been delegated to an administrative officer, the governor of the prison.

Held: Order reversed.

D.P.P. v. Goulding - Supreme Court: Barrington J., Lynch J., Barron J. (ex tempore) - 02/07/1999 - [1999] 2 IR 398 - [2000] 1 ILRM 147

The High Court made a conditional order for bail for a prisoner on remand in circumstances where the prison governor was satisfied that an emergency existed which would entitle the prisoner to be released. In making the order the High Court judge drew attention to the fact that a prison governor had the power to release on compassionate grounds a prisoner who was serving a sentence, but not a prisoner who was on remand. However, the order of the High Court is an impermissible precedent despite its humane motives; it is for the Oireachtas to remedy the anomaly which effects remand prisoners. The Supreme Court so held in reversing the decision of the High Court.

1 JUDGMENT (ex-tempore) delivered on the 2nd day of July,1999by Barrington, J.

2 This is a rather unusual case. It would appear that the Applicant in this case was charged with attempted robbery and appeared for trial in the Circuit Criminal Court on the 17th April, 1999. He pleaded guilty and his case was adjourned for sentence until the 28th July, 1999. The trial Judge apparently refused bail in the Circuit Criminal Court and remanded the accused in custody pending the pronouncement of sentence on the 28th July, 1999.

3 Subsequently, on the 17th May, 1999, the accused applied for bail before Mr. Justice Kinlen in the High Court. The accused hasn't a recollection of withdrawing his application for bail but the...