State (Boyle) v Nolan

• Jurisdiction: Ireland
• Court: High Court
• Judge: Gannon J.
• Judgment Date: 11 October 1985
• Neutral Citation: 1985 WJSC-HC 1771
• Docket Number: No. 679 S.S./1984
• Date: 11 October 1985

1985 WJSC-HC 1771

THE HIGH COURT

No. 679 S.S./1984

BOYLE v. NEYLON

THE STATE AT THE PROSECUTION OF MICHAEL BOYLE

Prosecutor

.v.

HIS HONOUR JUDGE NEYLON, HIS HONOUR JUDGE ROE, THE DIRECTOROF PUBLIC PROSECUTIONS, AND THE GOVERNOR OF MOUNTJOY PRISON

Respondents

Citations:

BROWNE, STATE V FERAN 1967 IR 147

CONSTITUTION ART 34

CONSTITUTION ART 34.2

CONSTITUTION ART 34.3.1

CONSTITUTION ART 34.3.4

CONSTITUTION ART 36

CONSTITUTION ART 36.1

CONSTITUTION ART 36.3

CONSTITUTION SAORSTAT EIREANN ART 64

CONSTITUTION SAORSTAT EIREANN ART 64

COURTS (ESTABLISHMENT & CONSTITUTION) ACT 1961

COURTS (ESTABLISHMENT & CONSTITUTION) ACT 1961 S4(1)

COURTS (ESTABLISHMENT & CONSTITUTION) ACT 1961 S5

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S25

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S25(1)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S25(2)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S25(3)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S26(1)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S25

COURTS ACT 1981 S31

COURTS ACT 1981 S31(1)

COURTS ACT 1981 S31(1)(a)

COURTS OF JUSTICE ACT 1924

COURTS OF JUSTICE ACT 1924 S48

COURTS OF JUSTICE ACT 1924 S49

COURTS OF JUSTICE ACT 1924 S51

COURTS OF JUSTICE ACT 1924 S52

COURTS OF JUSTICE ACT 1924 S53

GALLEN V LEE 1936 IR 142

GRIMES & ORS V OWNERS OF SS BANGOR BAY 1948 IR 350

HOSIE V LAWLESS 1927 IR 464

LYNCH V LIMERICK CO COUNCIL 1925 IR 61

OFFENCES AGAINST THE STATE ACT 1939 S6

OFFENCES AGAINST THE STATE ACT 1939 S7

OFFENCES AGAINST THE STATE ACT 1939 S8

PEOPLE V CONMEY 1975 IR 341

RSC O.60

SLIGO CORPORATION V GILBRIDE 1929 IR 351

TORMEY V IRELAND 1985 IR 289, 1985 ILRM 375

TREASON ACT 1939

Synopsis:

CIRCUIT COURT

Jurisdiction

Trial - Venue - Transfer - Single court administering justice in distinct local areas - court of local and limited jurisdiction - Statutory provision empowering judge of local branch of court to transfer trial of criminal offence to branch of court in Dublin area - Enactment within competence of Oireachtas - Conviction by Dublin branch of court upheld - Courts (Supplemental Provisions) Act, 1961, s.25 - Courts Act, 1981, s. 31 - (1984 No.679 SS - Gannon J. - 11/10/85).

|The State (Boyle) v. Neylon|

CONSTITUTION

Courts

Trial of offences - Venue - Transfer - Jurisdiction of Circuit Court - Single court administering justice in distinct local areas - Court of local and limited jurisdiction - Statutory provision empowering judge of local branch of court to transfer trial to branch of court in Dublin area - Enactment within competence of Oireachtas - Conviction by Dublin branch of court upheld - Courts (Supplemental Provisions) Act, 1961, s. 25 - Courts Act, 1981, s. 31 - Articles 34 and 36 - 91984 No. 679 SS - Gannon J. - 11/10/85).

|The State (Boyle) v. Neylon|

CRIMINAL LAW

Trial

Venue - Transfer - Jurisdiction of Circuit Court - Single court administering justice in distinct local court areas - Court of local and limited jurisdiction - Statutory provision empowering judge of local branch of court to transfer trial to branch of court in Dublin area - Enactment within competence of Oireachtas - Conviction by Dublin branch of court upheld - Courts (Supplemental Provisions) Act, 1961, s. 25 - Courts Act, 1981, s. 31 - (1984 No. 679 SS - Gannon J. - 11/10/85).

|The State (Boyle) v. Neylon|

1 Judgment of Gannon J.delivered the 11th October 1985

2 The prosecutor Michael Boyle is presently serving in Mountjoy Prison four concurrent sentences of imprisonment of five years, ten years, twelve years and five years imposed by the first named respondent the President of the Circuit Court on the 9th July, 1984, in the Dublin Circuit Court. The prosecutor had pleaded guilty on the 2nd July, 1984, in the Dublin Circuit Court to charges of demanding money with menaces and of the false imprisonment of Walter Somerville. The prosecutor had previously pleaded guilty on the 5th June, 1984, in the Dublin Circuit Court to charges of the false imprisonment of Anna Manina and of the possession of a fire-arm in suspicious circumstances. These offences, for the punishment of which the several concurrent sentences he is now serving were imposed, had been committed by him in County Wicklow. The prosecutor, who was a resident of that county, was arrested in County Wicklow, and was returned to the Circuit Court sitting in Wicklow for trial on these charges before the second respondent who is the Judge of the Circuit Court for that county. On the 7th February, 1984, the second respondent in exercise of the powers conferred by Section 31 (1) of the Courts Act 1981transferred, on the application of thethird respondent, the trial of these several offences to the Dublin Circuit Court. The notice prescribed by-section 31 (1) of that Act had on the 19th January, 1984, been served by the third respondent upon the prosecutor who did not consent to such transfer of his trial on these offences from Wikclow Circuit Court to the Dublin Circuit Court.

3 On the 20th December, 1984, the prosecutor applied to this Court for Conditional Orders of Certiorari directed to the first and second respondents for the purpose of having the Orders of the 7th February, 1984, and the 9th July, 1984, quashed unless cause to the contrary be shown. The application was made ex-parte grounded upon the affidavit of the prosecutor sworn on the 18th December, 1984, and the exhibits referred to therein. On the 20th December, 1984, Egan,J. made an Order of the nature requested in which he took care to set out in his Order the grounds upon which it was made. As stated in the Order the grounds are as follows:-

4 2 "(1) That section 31 (1) (a) of the Courts Act 1981does not confer jurisdiction on the Dublin Circuit Court to try criminal matters arising from acts committed, arrests made, or where defendants reside, outside the area of the said Circuit.

5 (2) That if it does confer such jurisdiction it is unconstitutional in that this is not jurisdiction of a local and limited nature.

6 (3) It purports to give no right of argument to a defendant being transferred from one Circuit to another."

7 Cause was shown by Notice dated the 24th January, 1985, on behalf of each and all of the respondents on the grounds therein stated asfollows:-

8 2 "1. Section 31 (1) (a) confers jurisdiction on the Dublin Circuit Court to try criminal matters arising from acts committed, arrests made or where defendants reside outside the area of the said Circuit when application is made to a Judge of the Circuit Court before whom the accused is triable to transfer to the Circuit Court sitting within the Dublin Circuit pursuant to the said section subsection andparagraph.

9 2. Jurisdiction lay in the first respondent to hear and try the said matter by virtue of his office as President of the Circuit Court.

10 3. The effect of section 31 (1) (a) is to confer jurisdiction on a particular court and this is done in accordance with law.

11 4. Section 31 (1) (a) of the Courts Act 1981is not invalid or unconstitutional or inconsistent with the Constitution of Ireland.

12 5. The jurisdiction conferred on the Court aforesaid by virtue of Section 31 (1) (a) is not invalid or unconstitutional or inconsistent with the Constitution of Ireland.

13 6. The jurisdiction conferred on the court aforesaid is one which can be exercised by a court of limited and local jurisdiction.

14 7. The prosecutor in pleading guilty to counts 1 and 5 on Bill No. 128 of 1984 and counts no. 1 and 2 of Bill No. 27 of 1984 before the first named respondent accepted the jurisdiction of the first and second named respondents to act in accordance with" section 31 (1) (a) of the Courts Act 1981and is not now entitled to the relief claimed or any relief."

15 Notice pursuant to Order 60 of the Superior Court Rules was not served on the Attorney General and he was not represented at the hearing of the motion on behalf of the prosecutor applying for an Order making absolute notwithstanding cause shown the Conditional Order made by Egan, J. on the 20th December, 1984.

16 This is the third proceeding in the High Court in which it has been argued that section 31 of the Courts Act 1981is invalid having regard to the provisions of the Constitution. Reference was made in the course of argument to the High Court decision in Rice .v. Rice delivered on the 16th February, 1984, and the Supreme Court decision in Tormey .v. Ireland and Othersdelivered on the 16th May, 1985. In neither of these cases were the points now under consideration argued or considered by the Court. The reference to these...