Maguire v O'Hanrahan

• Jurisdiction: Ireland
• Judge: MISS JUSTICE CARROLL
• Judgment Date: 01 January 1988
• Neutral Citation: 1987 WJSC-HC 1973
• Date: 01 January 1988
• Court: High Court
• Docket Number: 144 of 1987

1987 WJSC-HC 1973

THE HIGH COURT

144 of 1987

MAGUIRE v. O'HANRAHAN

JUDICIAL REVIEW

BETWEEN

EUGENE MAGUIRE

APPLICANT

-AND-

CIRCUIT COURT JUDGE SEAN O'HANRAHAN

RESPONDENT

Citations:

CRIMINAL PROCEDURE ACT 1987 S24

WHITE, STATE V MARTIN 111 ILTR 21

Synopsis:

CIRCUIT COURT

Jurisdiction

Remand - District Court - Conviction - Appeal - Hearing of appeal from District Court - Circuit Court remanded convicted appellant in custody from 19th May to 17th June - Appellant applied to High Court for leave to apply for judicial review of the order of remand - The appellant submitted that the remand was not authorised by the provisions of s.24 of the Act of 1967 - Held, in dismissing the application, that the powers of remand vested in the Circuit Court judge were not affected by the provisions of s.24, which provisions deal with the powers of remand of a District Justice - Criminal Procedure Act, 1967, s.24 - (1987/144 JR - Carroll J. - 27/7/87) - [1988] ILRM 243

|Maguire v. O'Hanrahan|

CRIMINAL LAW

Remand

Duration - Circuit Court - Jurisdiction - Criminal appeal - Conviction in District Court - The powers of remand of Circuit Court judges are not affected by the provisions of s.24 of the Act of 1967, which provisions deal with the powers of remand of a District Justice - Criminal Procedure Act, 1967, s.24 - (1987/144 JR - Carroll J. - 27/7/87) - [1988] ILRM 243

|Maguire v. O'Hanrahan|

1 JUDGEMENT OF MISS JUSTICE CARROLLDELIVERED 27th JULY 1987

2 This case has to decide whether the Applicant's remand in custody on the 19th May 1987 to the 17th June 1987 was valid.

3 The Provisions of Section 24 of the Criminal Procedure Act 1987 provide for periods of remand of accused persons in the District Court. That Act sets out the powers of a District Justice to remand such persons in custody or on bail in the District Court.

4 This case has to do with a remand in the Circuit Court and I am satisfied that the provisions the Act of 1967 do not apply to the Circuit Court when hearing an Appeal against an Order of Conviction or sentence made in a District Court Criminal Case.

5 The case of State (White) v. Circuit Judge Frank Martin 1977 I.L.T.R. Vol.III page 23 is decided on a different point and relates only to the question of what sentence may or may not be imposed by a Circuit Court Judge on hearing an Appeal from the District Court in Criminalcases.

6 The Circuit Court on hearing an Appeal from the District Court in a...