Keating v Governor of Mountjoy Prison

• Jurisdiction: Ireland
• Judgment Date: 01 May 1989
• Date: 01 May 1989
• Docket Number: [1988 No. 318 SS]
• Court: High Court

High Court

[1988 No. 318 SS]

Keating v. Governor of Mountjoy Prison

Derek Keating

Applicant

and

The Governor of Mountjoy Prison, Respondent

Cases mentioned in this report:—

The People (D.P.P.) v. Lynch [1982] I.R. 64; [1981] I.L.R.M. 389.

Attorney General (McDonnell) v. Higgins [1964] I.R. 374.

The State (Attorney General) v. Fawsitt [1955] I.R. 39.

Director of Public Prosecutions v. Clein [1981] I.L.R.M. 465.

McElhinney v. The Special Criminal Court (Unreported, High Court, Gannon J., 2nd December, 1988; Supreme Court, 15th February, 1989).

Criminal law - Arrest - Detention - Power of Garda Síochána to arrest and detain persons suspected of certain offences - Detention authorised where member in charge of garda stating has reasonable grounds for believing detention "necessary for the proper investigation of the offence" - Requirement that person detained be charged with offence without delay where garda has enough evidence to prefer a charge - Applicant arrested and detained on suspicion of offence - Applicant subsequently brought before District Court and charged - Lawfulness of arrest and detention contested by applicant - Applicant remanded in custody - Whether onus on prosecution to prove lawfulness of detention prior to remand of applicant - Whether unlawful detention in garda station would vitiate jurisdiction of court to entertain charge and to remand applicant in custody - Criminal Justice Act, 1984 (No. 22), s. 4.

Application under Article 40 of the Constitution.

The applicant was arrested on the 3rd May, 1988, on suspicion of an offence of larceny, and was brought to Cabra garda station where he was detained under s. 4 of the Criminal Justice Act, 1984. Later that day he was brought before the Dublin Metropolitan District Court and charged with that offence. He was remanded in custody for one day and, on the 4th May, 1988, was remanded in continuing custody to the 11th May, 1988. On the 9th May, 1988, the High Court (Barrington J.) granted the applicant an order under Article 40 of the Constitution directing the respondent to produce the body of the applicant before the court on the 11th May, 1988, and to certify in writing the grounds of his detention. The adjourned application was heard by the High Court (Barrington J.) on the 8th June, 1988.

Section 4 of the Criminal Justice Act, 1984, applies to offences for which a person may be sentenced to imprisonment for a term of five years or more. Where a member of the Garda Síochána arrests without warrant a person whom he, with reasonable cause, suspects of having committed such an offence, that person may be detained in a garda station for a period of six hours if the member in charge of the station has reasonable grounds for believing that his detention is necessary for the proper investigation of the offence. When a garda has enough evidence to prefer a charge against a person detained in a garda station, he must without delay cause him to be charged unless the person is, with reasonable cause, suspected of another offence to which the section applies.

The applicant was originally arrested by a member of the Garda Síochána on suspicion of larceny, but succeeded in escaping from custody. A warrant was subsequently issued for his arrest. The applicant was later arrested at common law on the larceny charge by the same garda, was brought to a garda station and was informed that he was being detained under s. 4 of the Act of 1984. During an interview with the arresting garda the applicant confessed to the offence of larceny and was subsequently questioned about other offences to which s. 4 did not apply. The applicant was later brought before the District Court and charged with the larceny offence.

At the District Court hearing the applicant's solicitor applied for the release of the applicant on the grounds that he had not been detained in accordance with law and was not lawfully before the court. That application was refused and the applicant was remanded into the custody of the respondent.

On the applicant's application to the High Court for an order pursuant to Article 40, s. 2 of the Constitution, releasing him from detention on the grounds that he was not being detained in accordance with law, it was

Held by Barrington J., in dismissing the application, 1, that where a person who had been detained under s. 4 of the Act of 1984 was brought before the District Court for the purpose of being charged with an offence, it was not necessary for the court lo satisfy itself as to the lawfulness of his prior detention in the garda station.

2. That the jurisdiction of the District Court to investigate a charge of an indictable offence was not dependent upon the accused person being brought before the court by lawful process.

3. That once the applicant had been charged before the District Court, that court had jurisdiction to remand him in custody and the applicant was therefore lawfully in the custody of the respondent.

Cur. adv. vult.

Barrington J.

This application for habeas corpus raises a point on the interpretation and on the significance of s. 4 of the Criminal Justice Act, 1984.

The section

The first five sub-sections of s. 4 of the Criminal Justice Act, 1984, read as follows:—

"4.(1) This section applies to any offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence.

• (2) Where a member of the Garda Síochána arrests without warrant a person whom he, with reasonable cause, suspects of having committed an offence to which this section applies, that person may be taken to and detained in a Garda Síochána station for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which he is taken on arrest has at the time of that person's arrival at the station reasonable grounds for believing that his detention is necessary for the proper investigation of the offence.

  • (3)(a) The period for which a person so arrested may be detained shall, subject to the provisions of this section, not exceed six hours from the time of his arrest.

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