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Custody resulting from activated suspended sentence is held to be lawful
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High Court refuses constitutional inquiry into detention, finding that the applicant’s detention was lawful in respect of the re-activation of a suspended sentence he received on appeal from the District Court in the Circuit Court.
Criminal law – Article 40.4.2 inquiry – habeas corpus – re-activation of suspended sentences – s. 99 of the Criminal Justice Act 2006 – meaning of the word “convicted” – s. 50 of the Courts (Supplemental) Provisions Act 1961 – noscitur a sociis (the meaning of a word may be known from accompanying words) – whether warrant is bad on its face – applicant’s detention has been shown to be in accordance with law.
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