The Court of Appeal has allowed an appeal from the High Court, and granted an order quashing a decision of one District Court (Nenagh), on a re-entered application, remanding an offender in custody to another District Court (Balbriggan) where he had been given a suspended sentence for a previous offence. The decision to remand was not made at the time of the initial sentencing in Nenagh, but had been re-entered in light of this omission. The original High Court decision had held that the remand was valid within 15 days of the new sentence being imposed, but the Court of Appeal held that, once the sentence for the new offence had been imposed, the Nenagh District Court's jurisdiction expired, rendering the remand order ultra vires.
Certiorari, Prohibition, remand in custody, Criminal Justice Act 2006, s. 99(8A), suspended sentence, triggering offence, functus officio, statutory interpretation, jurisdiction, fair procedures, order of remand, ultra vires, Court of Appeal, High Court, Nenagh District Court, Balbriggan District Court.