Dunne v Clinton

JurisdictionIreland
CourtHigh Court (Irish Free State)
Judgment Date28 May 1930
Date28 May 1930
[H. C., I.F.S.]
Dunne
and
Clinton

Person suspected of a crime - Detention by Civic Guards without formal arrest - Legality of procedure - Duty of Civic Guards - Person suspected to be brought before a Peace Commissioner as soon as reasonably possible - Liability of Civic Guards - Damages.

A felony having been committed, a Civic Guard requested the two plaintiffs, whom he suspected of complicity in the crime, to go to the Civic Guards' Barracks, which the plaintiffs voluntarily did. When they reached the barracks they were questioned by the defendant, the Chief Superintendent of the Civic Guards for the county, and were then detained in the barracks while the Guards were endeavouring to procure evidence. They were not charged with any crime, nor were they formally arrested. They were detained in the barracks from anearly hour of the morning of one day until the evening of the following day, when, in consequence of a letter of complaint from their solicitor, they were formally arrested and charged with the crime and brought before a Peace Commissioner, who remanded them on bail to the next District Court. At that Court the charge was dismissed. It was admitted that the plaintiffs could have been brought before a Peace Commissioner on either of the two days during which they were detained. Each of the plaintiffs then brought a civil bill against the defendant for damages for false imprisonment. The Circuit Court Judge gave a decree in favour of one of the plaintiffs...

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50 cases
  • DPP v Walsh
    • Ireland
    • Supreme Court
    • 17 Enero 1980
    ...not done invalidate what otherwise was lawful? This, it seems to me, was one of the problems considered and decided in Dunne v. Clinton 1930 I.R.366. This decision has, for almost fifty years, been rightly regarded in out Courts as the leading authority on arrest at common law. It came bef......
  • DPP (at the suit of Garda Cheryl Kelly) v Robin Fox
    • Ireland
    • Supreme Court
    • 22 Julio 2008
    ...- Whether evidence obtained during detention admissible - DPP v Finn [2003] 1 IR 372, DPP v McNiece [2003] 2 IR 614, Dunne v Clinton [1930] IR 366 and The People v Walsh [1980] IR 294 considered - Road Traffic Act 1961 (No 24), s 50(4) and (6)(a) - Road Traffic Act 1994 (No 7), s 11 - Pro......
  • DPP v Finn
    • Ireland
    • Supreme Court
    • 19 Febrero 2003
    ...Garda Station and the administration of the test. Citations: ROAD TRAFFIC ACT 1961 S49(8) ROAD TRAFFIC ACT 1994 S13(1)(A) DUNNE V CLINTON 1930 IR 366 ROAD TRAFFIC ACT 1994 S13 OFFENCES AGAINST THE STATE ACT 1939 DPP V MCGARRIGLE UNREP SUPREME 22.6.87 1991/11/2775 CRIMINAL JUSTICE ACT 1984 ......
  • Seeruttun v Governor of Cloverhill Prison
    • Ireland
    • High Court
    • 16 Mayo 2013
    ...CARRICKMACROSS GARDA STATION 1999 2 IR 390 1999 IESC 29 CRIMINAL JUSTICE ACT 1984 REG 8 CRIMINAL JUSTICE ACT 1984 REG 11 DUNNE v CLINTON 1930 IR 366 IMMIGRATION ACT 1999 (DEPORTATION) REG 2008 SI 55/2005 REG 7 E (G) v GOVERNOR OF CLOVERHILL PRISON UNREP SUPREME 28.10.2011 2011/20/5060 2011......
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2 books & journal articles
  • Courts of Appeal
    • United Kingdom
    • Journal of Criminal Law, The No. 44-1, February 1980
    • 1 Febrero 1980
    ...in good company -that of the CourtofAppeal.Lawton L.J.'s dictum is in keeping with the opinions expressed byHanna J. in Dunn v. Clinton [1930] I.R. 366, by Stephenson L.J. inR. v. Inwood [1973] I W.L.R. 647; [1973] 37 J.C.L. 256 andViscount Dilhorne in Spencer v. Holt (1976] 63 Cr. App. Rep......
  • The criminal justice act, 2006: a crushing defeat for due process values?
    • Ireland
    • Irish Judicial Studies Journal No. 1-7, January 2007
    • 1 Enero 2007
    ...would be done openly in the public courtroom under the 2For example, Offences Against the State Act, 1939-1998, s.30. 3 Dunne v. Clinton [1930] I.R. 366 (H.C.). _____________________________________________________ Judicial Studies Institute Journal [2007:1 46 supervision of an independent ......

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