J v District Justice Delap
| Jurisdiction | Ireland |
| Judge | Mr. Justice Barr |
| Judgment Date | 23 January 1989 |
| Neutral Citation | 1989 WJSC-HC 451 |
| Court | High Court |
| Date | 23 January 1989 |
| Docket Number | Judicial Review No 180/1988,[1988 No. 180 J.R.] |
1989 WJSC-HC 451
THE HIGH COURT
(JUDICIAL REVIEW)
BETWEEN
AND
AND
Citations:
CHILDRENS ACT 1908 S57(1)
CHILDRENS ACT 1908 S65
SHEERIN, STATE V KENNEDY 1966 IR 379
MALICIOUS DAMAGE ACT 1961 S51
CONSTITUTION ART 38.5
Synopsis:
CONSTITUTION
Trial of offences
Criminal charge - Minor offence - Young offender - Reformatory school - Detention for over three years - Imprisonment and other forms of detention distinguished - Sentence of District Court affirmed - ~See~ Criminal Law, sentence - (1988/180 JR - Barr J. - 23/1/89) [1989] IR 167
|Jenkins v. Delap|
DISTRICT COURT
Jurisdiction
Criminal case - Minor offence - Sentence - Detention - Duration - Three years and four months - Young offender sentenced to detention in reformatory school - Detention in reformatory school distinguished from imprisonment for same period and from other forms of detention for same period - Sentence upheld - ~See~ Criminal Law, sentence - (1988/180 JR - barr J. - 23/1/89)
|Jenkins v. Delap|
CONSTITUTION
Trial of offences
Criminal charge - Minor offence - Young offender - Reformatory school - Detention for over three years - Imprisonment and other forms of detention distinguished - Sentence of District Court affirmed - ~See~ Criminal Law, sentence - (1988/180 JR - Barr J. - 23/1/89) [1989] IR 167
|Jenkins v. Delap|
DISTRICT COURT
Jurisdiction
Criminal case - Minor offence - Sentence - Detention - Duration - Three years and four months - Young offender sentenced to detention in reformatory school - Detention in reformatory school distinguished from imprisonment for same period and from other forms of detention for same period - Sentence upheld - ~See~ Criminal Law, sentence - (1988/180 JR - barr J. - 23/1/89)
|Jenkins v. Delap|
CRIMINAL LAW
Sentence
Detention - Validity - Minor offence - Youthful offender -Reformatory school - Detention for three years and four months -Sentence within jurisdiction of District Court - Detention inreformatory school distinguished from other forms of detention -On 11/1/88 the applicant was being detained in a reformatoryschool pursuant to an order of the District Court imposed afterthe applicant had been convicted of larceny - On that date theapplicant climbed onto the roof of the school and took part ineffecting damage to the value of #41,000 - He was charged in theDistrict Court with an offence contrary to the Malicious DamageAct, 1961 - The applicant pleaded guilty to the charge ofmalicious damage and the District Justice formed the opinion thatthe offence charged was a minor offence fit to be triedsummarily; the applicant accepted the jurisdiction of theDistrict Court - The District Justice considered a report on theapplicant by the director of Trinity House School and thensentenced the applicant to be detained in TrinityHouse until he attained the age of 19 years on 28/6/91, being aperiod of three years and four months - Having obtained leave,the applicant applied to the High Court for an order ofcertiorari quashing the order of the District Justice on theground that the length of the sentence of detention so imposedrendered the offence charged an offence which was not a minoroffence within the meaning of Article 38.2 of the Constitution -The applicant submitted that the order of the District Court wasmade without jurisdiction - The Attorney General, a notice party,conceded that an offence punishable with imprisonment for threeyears could not be regarded as a minor offence - Held, indismissing the application, that Trinity House is a schoolmanaged by the Department of Education and staffed by teachersand social workers having, as its primary purpose, the provisionof long-term training and educational facilities for youngoffenders - Held that detention in a reformatory school, such asTrinity House, for a specified period was not equivalent toimprisonment for the same period or to...
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M.G. v The Director of Oberstown Children Detention Centre
...of children detention schools. Reference was made to the judgment of the High Court (Barr J.) in J. v. District Justice Delap [1989] I.R. 167 at 169/70 which had described the nature of the precursor to a children detention school, namely a reformatory school, as follows. ‘Trinity House is......
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McM v The Manager of Trinity House
...KENNEDY 1966 IR 379 PREVENTION OF CRIME ACT 1908 S7 DEATON V AG & REVENUE COMMISSIONERS 1963 IR 170 CHILDREN (AMDT) ACT 1957 S5 J V DELAP 1989 IR 167 CRAVEN, STATE V FRAWLEY 1980 IR 1 BOYLE, STATE V GOV OF THE CURRAGH MILITARY DETENTION BARRACKS 1980 ILRM 242 PRISONS ACT 1972 S2(3) CONS......
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S.F. v Director of Oberstown Childrens Detention Centre
...regard to the detention of minors on criminal charges until the introduction of the Children Act 2001. 61 In J. v. District Judge Delap [1989] I.R. 167, Barr J. described Trinity House, then a "reformatory school", as follows (at pp. 169 – 170):- 'It is staffed by teachers and others quali......
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M (Suing by His mother and next friend J) v Director of Oberstown Children's Detention Centre
...between a child and an adult detainee. Such a conclusion is supported by the jurisprudence, including J. v. District Justice Delop [1989] I.R. 167 at pp. 169 to 170 per Barr J. and S.F. (o minor) v Director of Oberstown Children Detention Centre at paras. 60 to 61. The appellant failed to d......