Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court remits matter involving young offender (who was remanded in custody for the preparation of a probation report outside of the statutory time limit) to the Circuit Court for sentencing, finding that the relevant legislation does not oust or limit the jurisdiction of the Circuit Court to deal with the case, notwithstanding the special onus on the State to deal with cases involving children as expeditiously as possible.
Criminal law – judicial review – certiorari granted (on consent) over orders made remanding the applicant – whether the substantive criminal proceedings should be remitted to the Circuit Court for sentencing – sentencing of young offenders – s.100 of the Children Act 2001 – remand of 28 days in custody allowable for preparation of probation report – Part 9 of the Children Act 2001 – Statutory Interpretation in Ireland (Dodd, 2008) – section 25 of the Courts (Supplemental Provisions) Act 1961 – District and Circuit Court have all the ancillary and inherent powers to deal with a person who is lawfully before them and convicted of a criminal offence – court retains its power to remand a child on bail in circumstances where it is not satisfied that there is sufficient information available to determine an appropriate sentence – Circuit Court retains its power to start afresh from the point of the entry of the plea of guilty and to remand the applicant on bail pending sentence – matter remitted for sentencing to Circuit Court.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now