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Habeas corpus applicant did not raise constitutionality of law on suspended sentences previously
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High Court, in habeas corpus proceedings, refuses application for inquiry into the lawfulness of the applicant's detention in prison, on the grounds that: a) the applicant did not raise any issue concerning the constitutionality of legislation which permitted his suspended sentence to be activated in the course of his appearance before the Circuit Court or the District Court, and did not appeal to the Circuit Court within the time for doing so; and b) the failure to refer to the “chain of events” in a previous High Court ruling did not merit permitting the application.
Criminal law – habeas corpus – Article 40.4.2 – inquiry into the legality of detention – activation of suspended sentence – previous Article 40 applications refused – constitutionality of ss. 99(9) and (10) of the Criminal Justice Act 2006 Act – application refused.
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