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The High Court dismissed an application for judicial review challenging the refusal of station bail following an arrest for an alleged breach of a protection order. The applicant contended that the refusal was based on an erroneous Garda HQ Directive, which he claimed unlawfully fettered the discretion of the Gardaí. However, the court found that the applicant's account was incomplete and misleading, and that the refusal of station bail was based on legitimate concerns and prudent discretion, not influenced by the now-rescinded directive. The court also noted that the applicant had been granted station bail on a previous occasion, contradicting his claim of a fixed policy of refusal. The application was dismissed, with the court finding no evidence that the impugned policy or asserted mistake of law impacted the decision to refuse station bail.
judicial review, station bail, protection order, Domestic Violence Act 2018, Garda HQ Directive, discretion, Criminal Procedure Act 1967, Bail Act 1997, Garda Síochána, bail conditions, constitutional right to liberty, ex parte application, candour, bona fides, affidavit evidence, statutory discretion, policy document, conditions of bail, intra vires.
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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