Walsh v President of Circuit Court

JurisdictionIreland
JudgeFinlay C.J.,FINLAY C.J.
Judgment Date01 January 1989
Neutral Citation1988 WJSC-SC 3087
CourtSupreme Court
Date01 January 1989

1988 WJSC-SC 3087

THE SUPREME COURT

Finlay C.J.

Hamilton P.

Walsh J.

Griffin J.

Hederman J.

370 & 382/88
WALSH v. DPP & ROE
JUDICIAL REVIEW

BETWEEN

STEPHEN WALSH
Applicant

and

THE PRESIDENT OF THE CIRCUIT COURT, THE DIRECTOR OF PUBLICPROSECUTIOS AND THE ATTORNEY GENERAL
Respondents

Citations:

CONSTITUTION ART 34.4.5

CRIMINAL PROCEDURE ACT 1967 S18

O'SHEA V DPP UNREP SUPREME 22.12.88

Synopsis:

CRIMINAL LAW

Indictment

Director of Public Prosecutions - Powers - Indictable offence - Preliminary examination in District Court - Order of court - Accused returned for trial on two specified charges - Subsequent indictment - Indictment having counts containing original charges and five new charges - No unlawful interference by Director with performance of a judicial function in the administration of justice - Indictment not signed by counsel - The facts have been summarised in the note, ~infra~, of the judgment of the trial judge delivered on 10/10/88 - The trial judge held that the addition by the Director of Public Prosecutions of new charges in the indictment preferred against the applicant was unlawful because the provisions of s. 18 of the Act of 1967, purporting to authorise the Director to do so, were invalid having regard to the provisions of the Constitution - The respondent Director appealed against the order of the High Court and the decision of the Supreme Court, delivered pursuant to Article 34.4.5 of the Constitution, allowed the respondent's appeal on the grounds stated by the Court in its judgment, ~supra~, delivered on 22/12/88 in ~O'Shea v. Director of Public Prosecutions~ - A further ground of the application for judicial review was that the indictment preferred against the applicant had not been signed by counsel - That ground was rejected by the trial judge, and by the Supreme Court in a separate written judgment also delivered on 22/12/88 - Criminal Procedure Act, 1967, s. 18 - Prosecution of Offences Act, 1974, s. 3 - Constitution of Ireland, 1937, Articles 30, 34, 38, 40 - (370 & 382/88 - Supreme court - 22/12/88) - [1989] ILRM 332

|Walsh v. Director of Public Prosecutions|

CONSTITUTION

Courts

Administration of justice - Judicial function - Interference - Order of District Justice - Return for trial - Specific charges - Subsequent indictment containing additional charges - Powers of Director of Public Prosecutions - Appeal allowed - ~See~ Criminal Law, indictment - (370 & 382/88 - Supreme Court -

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