The State (Williams) v Kelly

• Jurisdiction: Ireland
• Judgment Date: 29 April 1970
• Docket Number: [1969. No. 18 SS.]
• Date: 29 April 1970
• Court: Supreme Court

(S.C.)

The State (Williams)

and

Kelly

Appeal from High Court -Production of prisoner and certification of the grounds of his detention - Whether Supreme Court will order such production and certification to be effected in that court or in High Court -Supreme Court - Quorum - Discretion of Chief Justice - Courts (Supplemental Provisions) Act,1961 (No. 39 of 1961), s. 7, sub-ss. 3, 4 -Constitution of Ireland, 1937, Article 40, s. 4, sub-s. 2.

Apart from the three special instances specified in sub-s. 4 of s. 7 of the Courts (Supplemental Provisions) Act, 1961, any matter which is cognisable by the Supreme Court may be heard and tried by three judges of that Court, if the Chief Justice so determines in the exercise of the power vested in him by the sub-section. In allowing an appeal from the refusal of the High Court to order (pursuant to Article 40 of the Constitution) the production of a prisoner and the certification of the grounds of his...