State (Boyle) v Governor of Curragh Military Detention Barracks
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1980 |
| Date | 01 January 1980 |
| Court | High Court |
Health - Accommodation - Whether cell lighted and ventilated in accordance with prison regulations - Remedying of defect during course of hearing - Whether order should issue - Whether regulation relating to lighting and ventilation applied only to punishment cells used for separate and close confinement of prisoners - Meaning of separate and close confinement - Whether formal rules for military custody correspond to rules for civilian custody - Whether administration of rules by soldiers affects legality of detention - Requirements of prison order and discipline - Prisons Act 1972 (No. 7), s. 2 (9) - Prisons Act, 1972 (Military Custody) Regulations 1972 (S.I. No.138), Regs. 6, 7, 66, 68. Prisoner - Transfer by Minister of prisoner from civilian to military custody - Whether prisoner entitled to reasons for transfer - Whether Minister exercising administrative discretion - Whether statutory power had lapsed - Whether prisoner in lawful custody at time of transfer - Prisons Act, 1972 (No. 7), s. 2 (3), 2 (4) - Prisons Act, 1974, (No. 10), s.1.
The prosecutor was convicted of a criminal offence and sentenced to penal servitude for eight years. At the time of his trial he was on remand in the Curragh Military Detention Barracks and, in accordance with the provisions of the Prisons Act, 1972, the prosecutor was returned there to serve his sentence. He applied to the High Court for relief under Article 40.4 of the Constitution complaining that the cell in...
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