Dunne v Clinton
| Jurisdiction | Ireland |
| Court | High Court (Irish Free State) |
| Judgment Date | 28 May 1930 |
| Date | 28 May 1930 |
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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