DPP v Johnson

• Jurisdiction: Ireland
• Judgment Date: 01 January 1988
• Date: 01 January 1988
• Court: High Court

(H.C.)

Director of Public Prosecutions

and

Johnson

- Delay - Misuse of drugs - Return to wrong Circuit Court - Circuit Court having no jurisdiction - Error due to fault of the D.P.P. - Charges hanging over accused for a longer period - Whether a ground for setting aside proceeding - No contention that the accused was hindered in the conduct of his defence - R.S.C., 1986, O. 84 - Courts (Supplemental Provisions) Act, 1961 (No. 39), s. 25.

The notice party, a resident of County Dublin, was arrested on 14 June, 1986, for offences contrary to the Misuse of Drugs Act, 1977. The alleged offences were committed in County Dublin. On 14 November, 1986, he was returned for trial, in error, to Wicklow Circuit Court. He was arraigned on 10 February, 1987. Subsequently the error in the return for trial came to light and the applicant applied to the High Court on 13 May, 1987, for liberty to apply for judicial review. The applicant obtained liberty to apply for judicial review on the ground that the order returning the notice party for trial was made without or in excess of jurisdiction in that it purported to return the said notice party for trial to a court which had no jurisdiction to embark on such a trial. The application was opposed by the notice...