R (O'Reilly) v Attorney General

• Jurisdiction: Ireland
• Judgment Date: 01 January 1928
• Date: 01 January 1928
• Court: High Court (Irish Free State)

R. (O'Reilly)

and

Attorney-General

Delay in trial of prisoner -Right to discharge - Central Criminal Court -Power of adjournment - Habeas Corpus Act (Ireland), 1782 (21 22 Geo. III., c. 11) (Ireland), ss. 3 and 6 - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 3, 17, and 36 - Courts of Justice Act, 1926 (No. 1 of 1926), ss. 2. 3, 4, 5, and 8.

The provisions of s. 6 of the Habeas Corpus Act (Ireland), 1782 (21 & 22 Geo. III., c. 11) (Ireland) held to apply to prisoners committed for trial to the Central Criminal Court. Section 5 of the Courts of Justice Act, 1926 (No. 1 of 1926), enacts that "the sittings of the Central Criminal Court shall be held (with and subject to a general power of adjournment) at such times and in such places as the President of the High Court shall from time to time direct:"—Held that this section vests in the President of the High Court the power of adjourning the Court generally, whenever in his opinion it is proper on the ground of public necessity, or for any other good reason. Heldfurther, that the section does not impliedly repeal the provisions of the Habeas Corpus Act (Ireland), 1782. An application for a writ of habeas corpus...