Liberty Flashcards
(18 cards)
What constitutional provision protects personal liberty in Ireland?
Article 40.4.1° – “No citizen shall be deprived of his personal liberty save in accordance with law.”
How did the court interpret “in accordance with law” in King v AG [1981]?
It means compliance with fundamental legal norms—not just following statute—and prohibits arbitrary or unjustified detention.
What is the significance of People (AG) v O’Callaghan [1966] IR 501?
The court ruled that preventive detention violates constitutional liberty, and bail cannot be refused to prevent future offences (pre-1996).
How did the Bail Act 1997 change the constitutional position on bail?
Following the 1996 referendum, bail may be refused if necessary to prevent a serious offence. Courts must assess future risk.
What did DPP v McLoughlin [2009] establish about bail objections?
Prosecution must prove objections on the balance of probabilities with cogent evidence.
What are the key protections under Article 5 of the ECHR regarding arrest and detention?
Arrest must be based on honest and reasonable suspicion, and the person must be informed promptly in simple terms.
What was the outcome in DG v Ireland (2002) ECHR?
Detention in a penal institution was ruled not to be educational supervision, violating Article 5.
What principles arise from Omar v Governor of Portlaoise Prison [2013]?
Gardaí cannot enter a private dwelling to enforce deportation without legal authority—violated Article 40.5.
What is the legal issue in DPP v Cullen [2014]?
Handcuffing during arrest without individual assessment was ruled unlawful use of force under s.19 of the 1997 Act.
What did the Supreme Court hold in DPP v Banks [2022]?
Re-arrest without warrant for the same offence is unlawful; judicial oversight is required under s.30A of the 1939 Act.
What are the detention time limits under the Criminal Justice Acts?
CJA 1984: 6–24 hours
OASA 1939: up to 48 hours
Drug Trafficking Act 1996: up to 7 days
CJA 2007: up to 7 days for firearms/murder/kidnapping offences
What rights do prisoners retain under the Constitution?
Core rights such as dignity, privacy, and access to courts remain (e.g., Simpson v Governor Mountjoy [2019]).
What did the Court rule in Simpson v Governor Mountjoy [2019]?
Detaining prisoners in degrading conditions (e.g., no in-cell sanitation) violates Article 40.3 (right to dignity and privacy).
What is the procedure under Article 40.4.2° (Habeas Corpus)?
Ex parte application for production of the person
Inter partes hearing on legality of detention
When is habeas corpus available post-conviction?
Only for fundamental due process failures, such as lack of jurisdiction or unlawful detention (Ryan v Midlands Prison [2014]).
What limits apply to repeated habeas corpus applications?
Must be based on new grounds not already considered (e.g., Re McGlinchey [1990] 2 IR 215).
What safeguards are required under the ECHR for therapeutic or civil detention?
Detention must be proportionate, clearly defined, based on unsound mind, with periodic review and due process (HSE v AM [2019]).
What are the criteria for special care orders under CFA v ML(G) [2019]?
Detention must be educational/therapeutic,
Used only in urgent crises,
Reviewed every 4 weeks,
Must protect the child’s welfare and rights.
