Legislation precludes a requirement that an adult independent surety lodge a sum in cash

Habeas corpus – Article 40 – appeal against the order directing the release of child – child pleaded guilty to several offences before Trim District Court and was sentenced to four months’ detention - District Court fixed recognisance in the respondent’s own bond of €25 and an independent surety of €300 with €150 cash to be lodged – challenged the detention on the grounds that the requirement for the independent surety to lodge €150 in cash was precluded by virtue of s. 5(4) of the Bail Act 1997, as amended -argued that the District Court had no power to fix recognisance relating to a juvenile offender which included the requirement that an adult independent surety lodge a sum in cash – on this basis the High Court ordered the release of the child - whether a court can impose sureties on children, however, it is accepted by the parties that the real issue concerns the condition requiring a lodgement of a portion of the independent surety – mootness - . whether the Director is precluded from making arguments as a result of the Lough Swilly Shellfish Growers Co-Operative Society Ltd v Bradley & Ivers - new arguments on appeal - relevant statutory provisions - jurisdiction to grant bail - section 5 of the Bail Act 1997 – whether section 5(4) of the 1997 Act supersedes any common law power regarding the lodgement of a portion of a surety insofar as juveniles are concerned - In Re the Adoption Act, while not directly on all fours with the present case, is instructive in terms of statutory interpretation – appeal dismissed –