State (O) v Daly

• Jurisdiction: Ireland
• Judgment Date: 07 July 1977
• Date: 07 July 1977
• Docket Number: [1975
• Court: Supreme Court

Supreme Court

[1975 No. 508 SS.]

The State (O.) v. Daly

The State (at the Prosecution of O.)

and

Liam Daly

Criminal law - Legal aid - Indictable offence - Detainee in mental hospital - Certificate of District Justice - Detainee transferred to Central Mental Hospital - Mental Treatment Act, 1945 (No. 19), s. 207 - Criminal Justice (Legal Aid) Act, 1962 (No. 12), s. 2.

Appeal from the High Court.

On the 1st October, 1975, the High Court (Hamilton J.) made an order pursuant to the provisions of Article 40, s. 4, sub-s. 2, of the Constitution of Ireland, 1937, directing the respondent (the clinical director of the Central Mental Hospital) to produce the prosecutor before the High Court and to certify in writing the grounds of the detention of the prosecutor in the Central Mental Hospital. The respondent certified that the prosecutor was being detained pursuant to an order made by District Justice Dunleavy on the 28th March, 1974, under s. 207, sub-s. 1, of the Mental Treatment Act, 1945, and to an order made by the Minister for Health on the 11th June, 1974, under sub-s. 2 of that section. The return made by the respondent and the evidence adduced by the prosecutor were considered by Hamilton J. on the 6th November and on the 4th December, 1975, he ordered the release of the prosecutor because at the hearing of the proceedings in the District Mental Hospital the prosecutor had not been informed of his right to legal assistance and had not received such assistance. Section 2 of the Criminal Justice (Legal Aid) Act, 1962, states1 that if it appears to the District Court that (inter alia) by reason of the gravity of the charge or of exceptional circumstances it is essential in the interests of justice that an accused should have legal aid "in the preparation and conduct of his defence" the court, on application being made to it, shall grant him a certificate for free legal aid and, thereupon, the accused shall be entitled to such aid. The provisions of s. 207 of the Mental Treatment Act, 1945, appear in the judgment of O'Higgins C.J., infra.

The respondent appealed to the Supreme Court from the judgment and order of the High Court. The appeal was heard on the 20th May, 1977.

Section 207 of the Act of 1945 states that where a detainee in a district mental hospital stands charged with an indictable offence before a justice of the District Court sitting in such hospital and evidence is given which, in the opinion of the justice, constitutes prima facie evidence that the detainee has committed the offence and that, if placed on trial, he would be unfit to plead, the justice shall certify that the detainee is suitable for transfer to the Central Mental Hospital. Section 2 of the Act of 1962 states that where it appears to the District Court that (inter alia) it is essential in the...