High Court answers questions stated on appeal from the District Court in the negative, holding that: (a) the District Court had been incorrect to hold that proof of a valid arrest was required as an essential ingredient in a prosecution for offences contrary to the relevant statutory provisions; (b) the District Court had been incorrect to hold that the prosecution in the instant case was required to adduce evidence stating the power of arrest; and (c) the District Court had erred in law in dismissing the case on this basis.
Appeal from the District Court by way of case stated - appeal brought by the DPP - accused charged with using or engaging in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace might have been occasioned contrary to s. 6 of the Criminal Justice (Public Order) Act 1994 - at close of prosecution case in District Court, defence sought dismissal of the charges on the basis that the garda witness had not stated in evidence what power of arrest was used where she had stated she arrested the accused - District Court accepted this argument and dismissed the charges - whether District Court was correct in holding that proof of a valid arrest was required as an essential ingredient of the offence - whether District Court was correct in holding that the prosecution in this case was required to adduce evidence stating the precise power of arrest under which the accused had been arrested - whether District Court was correct in law in dismissing the case against the accused on this basis.