Imposition of an independent surety was unduly burdensome in appeal of conviction

Criminal law – judicial review – appeal of High Court decision as to whether an independent surety requirement was necessary given the applicant’s unblemished history of compliance with bail conditions and the genuineness of the appeal – applicant was charged with possession of a knife contrary to s. 9(1) of the Firearms and Offensive Weapons Act 1990, as amended by s. 39 of the Criminal Justice (Miscellaneous Provisions) Act 2009 – s. 1(1) of the Probation of Offences Act 1907 – s. 33 of the Courts of Justice Act 1953 – Order 101, r. 4 of the District Court Rules 1997 (as substituted by Article 9 of the District Court (Criminal Justice Act 2007) Rules 2008 (S.I. No. 41 of 2008) – whether the appeal is moot – whether the District Judge acted unreasonably and irrationally in fixing an independent surety requirement with a requirement to enter into a bond of €500 – s. 26 of the Criminal Procedure Act 1967 – is there an alternative remedy available to the applicant – whether the decision of the District Court was unreasonable in law – the imposition of a requirement that the independent surety provide a bond of €500 was unreasonable – it impairs the substance of any effective right of appeal which the applicant might otherwise have enjoyed – appeal allowed.