District judge still had jurisdiction to allow accused to sign bond for suspended sentence on the following day

Criminal law – administrative law – judicial review – declaratory and injunctive relief – suspended prison sentence of one month – criminal damage – plea of not guilty – hearing before district court – convicted – sentence of one month imprisonment imposed which is was suspended – recognizance fixed – applicant left courthouse without signing bond – solicitor applied to have matter remanded to the next day – judge refused – judge allowed solicitor to apply to him later in evening court – applicant did not attend as solicitor could not contact him – applicant attended court on the next day and judge said he was functus officio – applicant taken into custody – prison service could not detain applicant as there was no committal warrant – applicant did not understand that he had to sign the bond when he left the court – one condition for suspended sentence was for applicant to sign the bond – director did not make application to revoke the suspended sentence – prosecutor did not apply for a warrant of committal to be issued – prison service had no legal basis to detain applicant as there was no warrant of committal – condition to sign bond did not identify a time within which this was to be done – district court judge was not deprived of jurisdiction to deal with the matter on the next day – district court judge incorrectly viewed that he lacked jurisdiction - applicant is entitled to declaration – no injunction necessary as no warrant has been issued.