Greene v Governor Mountjoy Prison
| Jurisdiction | Ireland |
| Judge | Mr. Justice Blayney |
| Judgment Date | 07 March 1991 |
| Neutral Citation | 1991 WJSC-HC 617 |
| Docket Number | Record No. 933 S.S./1990 |
| Court | High Court |
| Date | 07 March 1991 |
BETWEEN
AND
AND
AND
1991 WJSC-HC 617
THE HIGH COURT
Synopsis:
CONSTITUTION
Statute
Validity - Young person - Imprisonment - Propriety - District Justice - Certificate - Depraved character of prisoner - Rules for the Government of Prisons, 1947 (S.R.&O. No.320), rr. 222–224 - Children Act, 1908, s. 102 - Constitution of Ireland, 1937, Articles 40, 50 - (1990/933 SS - Blayney J. - 7/3/91) 1991 1 IR 373
|Greene v. Governor of Mountjoy Prison|
CRIMINAL LAW
Sentence
Imprisonment - Propriety - Young person - Depraved character - Certificate of judge - Manner of detention - Contravention of prison rules - (1990/933 SS - Blayney J. - 7/3/91) - [1991] 1 IR 373
|Greene v. Governor of Mountjoy Prison|
PRISON
Prisoner
Detention - Manner - Prison rules - Contravention - Juvenile offender - Segregation - Failure - Remedy - (1990/933 SS - Blayney J. - 7/3/91) - [1991] 1 I.R. 373
|Greene v. Governor of Mountjoy Prison|
Citations:
CONSTITUTION ART 40.4.2
CHILDRENS ACT 1908 S102(3)
CHILDRENS ACT 1908 PART V
CONSTITUTION ART 50
CHILDRENS ACT 1908 S131
PRISON RULES 1947 R222(1)
PRISON RULES 1947 R223
PRISON RULES 1947 R224
PRISON RULES 1947 R192
COMERFORD, STATE V GOVERNOR OF MOUNTJOY PRISON 1981 ILRM 86
CONSTITUTION ART 40
CHILDRENS ACT 1908 S102
CONSTITUTION ART 40.3
Judgment of Mr. Justice Blayney delivered the 7th day of March 1991
The Applicant Julia Greene is aged 15 years having been born on the 20th September 1975. The Applicant Diana McDonagh is also aged 15 years having born in December 1975. By two separate orders made on the 4th day of December 1990 Lavan J. directed that in accordance with Article 40.4.2. of the Constitution the first named Respondent, the Governor of Mountjoy Prison, should certify in writing before the 10th day of December 1990 the grounds of the Applicants” detention.
On the 10th day of December 1990 the Governor, in compliance with the said Order, certified as follows:-
"I hold the Applicants in custody in Mountjoy Prison pursuant to warrants of the Metropolitan Children's Court. I refer to the said warrants of the District Court when produced and to photostat copies thereof upon which marked with the letter A I have endorsed my name before the signing hereof.
Dated the 10th day of December 1990.
Signed J. Woods
Governor of Mountjoy Prison."
The warrants referred to in the Certificate relating to the Applicant Julia Greene were two in number and were as follows:-
2 "1. Warrant of the District Court addressed to the Governor and dated the 20th November 1990 reciting that the said Julia Greene had been convicted of breaching a District Court Recognizance and had been sentenced to twelve months” imprisonment, and
2. Warrant of the District Court addressed to the Governor and dated the 20th November 1990 reciting that the said Julia Greene had been convicted of unlawfully assaulting a Garda in the due execution of his duty and had been sentenced to six months” imprisonment to commence on the legal expiration of the sentence of twelve months."
Each of the two warrants contained a Certificate by the District Justice pursuant to Section 102 subsection (3) of the Children's Act 1908 to the effect that Julia Greene was of so depraved a character that she could not be detained in a place of detention provided under Part V of the Children's Act 1908.
The warrants referred to in the Certificate of the Governor relating to Diana McDonagh were as follows:-
2 "1. Warrant of the District Court addressed to the Governor and dated the 21st day of November 1990 reciting that the said Diana McDonagh had been convicted of assault and had been sentenced to six months” imprisonment.
2. Warrant of the District Court addressed to the Governor and dated the 21st day of November 1990 reciting that the said Diana McDonagh had been convicted of stealing £18 and had been sentenced to three months” imprisonment."
Each of the two warrants contained a certificate by the District Justice pursuant to Section 102 subsection (3) of the Children's Act 1908 to the effect that Diana McDonagh was of so depraved a character that she could not be detained in a place of detention provided under Part V of the Children's Act 1908.
The normal aim of an inquiry under Article 40 is to seek to establish the unlawfulness of the detention of the Applicant with a view to having him or her released. In the present case this aim was expressly disavowed. Mr. Carney, who appeared for the two Applicants, said he did not contend that the Applicants should be released. He submitted that the Applicants were extremely disturbed and required to be held in secure accommodation which the State had failed to provide. The State should, however, be given time to provide appropriate secure accommodation.
Mr. Carney's main contention was that Mountjoy Prison is not a suitable place for the Applicants because of their age and furthermore that the manner in which the Applicants are being treated there contravenes the Rules for the Government of Prisons (S.R and O. No. 320 of 1947). As the legal basis for his first submission, Mr. Carney contended that Section 102 of the Children's Act 1908 had not been carried over by Article 50 of the Constitution and, if it had been carried over, it was not open to the Learned District Justice on the evidence before him to certify that the Applicants were of so depraved a character that they were not fit persons to be detained in a place of detention provided under the Act.
On the constitutional issue Mr. Carney submitted that Section 102 did not vindicate the...
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