More than one Garda might be involved in ‘institution and conducting’ of District Court prosecution

By: Mark Tottenham BL

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Supreme Court allows appeal from High Court, and sets aside a determination that a rule of the District Court had been ultra vires where it purported to allow a Garda to appear in a summary prosecution where he or she was not the prosecuting Garda, on the grounds that: (a) the wording of the relevant legislation allowed for the the possibility that more than one Garda might be involved in the “institution and conducting” of a prosecution; and (b) the use of a consultative case stated procedure was not the appropriate mechanism for seeking to have a rule of court declared ultra vires.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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