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The High Court has granted leave for judicial review against the Circuit Court's decision not to refer questions of law to the Court of Appeal regarding the validity of an enforcement notice in a criminal prosecution. The original criminal proceedings involved alleged non-compliance with enforcement notices under a planning statute. The High Court found arguable grounds that the Circuit Court may have erred by not considering whether it was permissible to question the enforcement notice's validity in criminal proceedings. The High Court also directed an amendment to the proceedings' title, replacing the Circuit Court judge with Roscommon County Council as the respondent, in line with judicial independence principles.
Judicial Review, Enforcement Notice, Planning and Development Act 2000, Habitats Directive, Criminal Prosecution, Circuit Court, Court of Appeal, Consultative Case Stated, High Court, Judicial Independence, Roscommon County Council, Stay of Proceedings, Interlocutory Injunction, Validity of Enforcement Notice, Arguable Grounds, Judicial Discretion.
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.
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