People (Attorney General) v Carolan

Judgment Date01 January 1943
Date01 January 1943
CourtCourt of Criminal Appeal
The People (Attorney-General)

Jurisdiction of Court to order detention in a Borstal Institution -Statutory requirements governing - Evidence necessary to establish jurisdiction - Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 1.

The power conferred upon the Court by the Prevention of Crime Act, 1908, to order a convicted person to be detained in a Borstal Institution is restricted to cases where the Court is satisfied upon evidence that such detention is expedient by reason of his criminal habits or tendencies or of his association with persons of bad character. In the absence of evidence of such criminal habits or tendencies or of such association the Court has no power to order detention in a Borstal Institution even if the trial Judge is of opinion that it would be to the advantage of the person to be instructed and trained in such an Institution. Accordingly, where such a sentence was imposed upon a boy...

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2 cases
  • DPP v Anthony Foley
    • Ireland
    • Supreme Court
    • 23 Enero 2014
    ...A note in the records of the Court of Criminal Appeal is to the effect that The People (Attorney General) v. Carolan is reported at [1943] Ir. Jur. Rep. 49. Unfortunately that report is of an appeal against sentence on which the Court of Criminal Appeal, for the sentence imposed by the Circ......
  • People (Attorney General) v Grimes
    • Ireland
    • Court of Criminal Appeal
    • 1 Julio 1955
    ......It did appear to the Court, however, that the application was properly made in the Circuit Court. The People (Attorney General) v. Carolan (unreported) considered. Motion on Notice. Peter Grimes was sentenced by the Circuit Court Judge in Wicklow on the 10th November, 1952, to two years' imprisonment with hard labour. On the 18th December, 1952, the Court of Criminal Appeal suspended this sentence on the said ......

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