R (Garvey) v Armagh JJ

• Jurisdiction: Ireland
• Judgment Date: 26 October 1917
• Date: 28 June 1917
• Court: King's Bench Division (Ireland)

The King (at the Prosecution of John Garvey)

and

The Justices of the Peace for the County of Armagh (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1918.

Justices — Sureties for peace and good behaviour — Inherent Jurisdiction — Right of person showing cause to call evidence — Criminal Justice Administrations Act, 1914 (4 & 5 Geo. 5, c. 58).

The provisions of sect. 43, sub-s. 13, of the Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5, c. 58), do not apply where justices, by virtue of the jurisdiction inherent in them under their commissions, bind an individual with sureties to keep the peace and to be of good behaviour. The Act and section only apply to courts of summary jurisdiction, and in every case it is a question of fact whether justices so binding acted as such court or under their commissions. Only when acting as such court are they bound to allow the person brought before them to call evidence, and to admit that person to bail, and send forward the complaint for trial at the next Petty Sessions.

Certiorari.

Motion to make absolute a conditional order for a writ of certiorari, directed to the justices of the peace for the county of Armagh, for the purpose of bringing up to be quashed an adjudication of those justices, made at Crossmaglen on the 28th April, 1917, on a complaint by one Henry Garragher against the prosecutor, John Garvey. The facts in the case were nearly all in controversy on the affidavits filed to ground the application and to show cause. The material facts are as follows:—

The complaint made against the prosecutor by Garragher was that the prosecutor had used threatening language towards the complainant, whereby the latter had just cause to fear injury. The incident in connexion with which the complaint was made was alleged to have taken place on the 28th april, 1917. The information was sworn by Garragher the same day, and a warrant was issued on which that same evening the prosecutor was arrested, and brought a distance of five miles to Crossmaglen. At Crossmaglen the courthouse was opened by the clerk of petty sessions, and the attendance of two justices secured to hear the complaint. The arrest was made about 9 p.m., and the hearing took place at

about 10 p.m. Witnesses were examined for the complainant, but no evidence was called for the prosecutor. He alleged that...