Second committal warrant met the requirements of clarity and certainty

Criminal law – Article 40.4.2 application – appeal of High Court ruling that found even if the sentence imposed was void ab initio the consecutive sentence was not tainted – s.99(9) of the Criminal Justice Act 2006 – s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – appellant was committed to Mountjoy Women’s Prison (The Dóchas Centre) to commence serving her three month sentence on that date, with the consecutive sentence of one month to commence on the expiration of that sentence on foot on two committal warrants issued for the triggering and original suspended sentence – applicant had not been put on her election (which is accepted), the carrying out of which procedure was a condition precedent to the District Court having jurisdiction to try her – whether as the three month sentence was to be treated as having been void ab initio i.e., to have never existed at all, that second warrant was consequently void for uncertainty – whether the second warrant in this case meets the requirements for certainty and lack of ambiguity in warrants – Prison Law by P.A. McDermott – second warrant meets the requirements of clarity and certainty – appeal dismissed.