Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court answers case stated relating to the validity of a checkpoint authorisation in the context of a drink driving conviction as follows: (a) an authorisation should clearly and properly communicate a concerned person’s obligations; (b) the authorisation was in existence at the time of the checkpoint; (b) the authorisation contains a clear and proper communication vis-à-vis the within checkpoint; (c) the authorisation, insofar as it refers to this checkpoint, is in writing, does specify the date on which and public place in which the checkpoint is to be established, and further identifies the hours at any time between which it is to be operated; and,(d) the defendant was stopped within the confines of those particulars.
O’Regan J: Criminal Law – case stated – establishment of checkpoint – defendant stopped – summonsed to answer three complaints – no insurance, driving without a licence and drink driving – checkpoint authorisation submitted in evidence – application made to dismiss on the basis that the authorisation was invalid – District Court Judge was satisfied that the authorisation document was valid – defendant convicted of the three charges – whether trial judge was correct in law in holding that the written authorisation was valid in respect of the checkpoint at which the defendant was stopped – If the answer to question is no, was the trial judge correct in convicting the defendant on each of the three charges – differences between a s.10 authorisation and a search warrant – authorisation was in existence at the time of the checkpoint – authorisation contains a clear and proper communication regarding the checkpoint – authorisation specifies the date and time – defendant was stopped within the confines of those particulars.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now