Court of Appeal dismisses appeal of High Court case stated appeal arising from District Court prosecution for an offence of driving with an exceeded concentration of alcohol in the body, where it was argued the decision to place the appellant in a cell to await the arrival of the doctor rendered the detention unlawful, on the grounds that it was appropriate and indeed necessary to place a detainee or prisoner in a cell in the circumstances of the case.
Criminal law – appeal of High Court case stated appeal – prosecution for an offence contrary to s. 4(2)(a) and (5) of the Road Traffic Act 2010 (driving when the concentration of alcohol in the body exceeded a concentration of 50 mgs of alcohol per 100 mls of blood) – whether the detention of the accused at the garda station was unlawful – Treatment of Persons in Custody Regulations – whether the detention became unlawful by virtue of the fact that the accused was put in a cell essentially for the convenience of the gardaí – decision to place the appellant in a cell to await the arrival of the doctor – appropriate and indeed necessary to place a detainee or prisoner in a cell – accused was in lawful detention – appeal dismissed.