State (Shanahan) v Attorney-General and Others

JurisdictionIreland
Judgment Date02 June 1964
Date02 June 1964
CourtSupreme Court
(S.C.)
State (Shanahan)
and
Attorney-General and Others

Attorney-General -Order returning for trial - Previous refusal of informations by District Justice - Whether any interference by Attorney-General with operation of Courts - Whether Justice exercising judicial function on preliminary investigation of offence -Constitution of Ireland, 1937, Arts. 34, 1; 50, 1 -Courts of Justice Act, 1936, s. 62.

Informations against the prosecutrix in respect of certain offences having been refused, the Attorney-General, under the provisions of s. 62 of the Courts of Justice Act, 1936, directed that the prosecutrix be sent forward for trial in the Circuit Court. The prosecutrix obtained in the High...

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25 cases
  • Costello v DPP
    • Ireland
    • Supreme Court
    • 2 March 1984
    ...or the provisions of the Constitution relating to the administration of justice. The State (Shanahan) v. The Attorney GeneralIR [1964] I.R. 239 (S.C.) applied. On appeal by the plaintiff it was Held by the Supreme Court, in allowing the appeal, 1, that a District Justice, in conducting a pr......
  • Costello v DPP
    • Ireland
    • High Court
    • 3 December 1985
    ...shall be deemed to have been done or taken by or on behalf of the Director." 25In the State (Shanahan) .v. The Attorney General 1964 I.R. 239the question of whether or not section 62 of the Courts of Justice Act 1936 is inconsistent with the Constitution was considered by the Supreme Court......
  • Sloan v The Special Criminal Court
    • Ireland
    • High Court
    • 1 January 1993
    ...had no constitutional right to a preliminary examination before the District Court. The State (Shanahan) v. The Attorney GeneralIR[1964] I.R. 239 and O'Shea v. The Director of Public ProsecutionsIR [1988] I.R. 655 applied; Gerstein v. PughUNK (1975) 420 U.S. 103 distinguished. 6. That since......
  • Quinlivan v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 1 January 1998
    ...v. Kelleher [1983] I.R. 289; [1985] I.L.R.M. 10. The State (O.) v. O'Brien [1971] I.R. 42. The State (Shanahan) v. The Attorney General [1964] I.R. 239. In Re Joseph Suche & Co. Ltd. (1875-76) 1 Ch. D. 48. Swire v. Cookson (1883) 48 L.T. 877. Thompson v. Lack (1846) 3 C.B. 540. Zainal bin H......
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