People (Attorney General) v Bell

• Jurisdiction: Ireland
• Judgment Date: 01 January 1971
• Date: 01 January 1971
• Court: Supreme Court

(S.C.)

The People (Attorney General)

and

Bell

Costs - Criminal proceedings by indictment - Accused found not guilty by jury - Accused applying for costs of defence -Discretion of High Court applicable to "costs of . . . every proceeding" - Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962), Or. 99, r. 1, sub-r. 1 - Courts of Justice Act, 1924 (No. 10 of 1924), s. 36 - Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961), ss. 8, 14 - Constitution - Supreme Court - Jurisdiction - Appeal from High Court on issue of costs only - Leave to appeal obtained - Leave unnecessary - No restriction on appellate jurisdiction of Supreme Court -Supreme Court of Judicature Act (Ireland)1877 (40 41 Vict. c. 57), ss. 52, 53, 61, 65 -Constitution of Ireland, Articles 34, 36, 40, 50 -Statute - Interpretation - Literal meaning of phrase resulting in an absurdity - Enactment-Repeal by implication.

Section 53 of the Supreme Court of Judicature Act (Ireland), 1877, enacted that, subject to the terms of the Act and of rules of court, the costs of every proceeding in the High Court of Justice in Ireland should be in the discretion of that...