The State (Duggan) v Tapley

• Jurisdiction: Ireland
• Judgment Date: 12 December 1952
• Date: 12 December 1952
• Docket Number: Case No. 109
• Court: Supreme Court

(H.C.; S.C.)

The State (Duggan)

and

Tapley

Arrest - Irish citizen residing and domiciled in Ireland - Charge of offence in London contrary to the Larceny Act, 1916, s. 32 - English warrant endorsed for execution in Ireland by Deputy Commissioner of the Garda Siochana - Arrest of citizen under warrant - Validity of endorsement of warrant -Extradition - Whether Petty Sessions (Ireland) Act, 1851, s. 29, ceased to be operative in Ireland by virtue of the coming into operation of the Constitution - Petty Sessions (Ireland) Act, 1851 (14 15 Vict., c. 93), s. 29 - Constitution of Ireland, Articles 1, 5, 6, 9, 29, 40, 50 - Petty Sessions (Ireland) Act, 1851, Adaptation Order, 1938 (Stat. R. O., 1938, No. 300).

1. Sect. 29 of the Petty Sessions (Ireland) Act, 1851, as adapted by the Petty Sessions (Ireland) Act, 1851, Adaptation Order, 1938, provides inter alia that whenever any person against whom any warrant shall be issued by any Justice in England for any crime or offence, shall reside or be in Ireland, it shall be lawful for the Commissioner or a Deputy Commissioner of the Garda Siochana or for any Justice (in Ireland] to endorse the warrant authorising its execution within his jurisdiction. On the 28th October, 1950, the prosecutor was taken into custody by a member of the Garda Siochana on a warrant issued by a magistrate of the London Metropolitan Police Courts and duly endorsed for execution in Ireland by a Deputy Commissioner of the Garda Siochana. The prosecutor was brought to, and detained in, the Bridewell, in Dublin, for the purpose of being handed over to the British police...