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THE HIGH COURT has ruled that certain aspects of the law governing suspended sentences are unconstitutional.
The decision was made today by Judge Michael Moriarty after the constitutionality of Section 99 of the Criminal Justice Act 2006 was challenged.
The decision could have serious implications for the criminal justice system and emergency legislation will likely be required to deal with the problem.
Asked whether this is the case, the Department of Justice has confirmed that officials are now consulting with the Attorney General to study the inplications of the judgement.
Section 99 deals with the power of courts to suspend sentences and also to activate suspended sentences.
This section being ruled unconstitutional means that the power of the courts to activate suspended sentences has currently been removed.
Justice Moriarty noted in his judgement that Section 99 frequently causes difficulty and is in need of “urgent and comprehensive review”.
He said the section was unconstitutional on a number of grounds, including it allows for significantly different treatment of persons before the law as far as their rights of appeal are concerned.
The judge said that, while enactments are presumed to be constitutional,
the subsections under review of s.99 fall to be viewed as unconstitutional in the context of the facts reviewed and the arguments made.
Justice Moriarty gives a number of examples which demonstrates the difficulties Section 99 causes, these include the legal problems that occur when a criminal with a suspended sentence is convicted of a second sentence and wants to appeal the second conviction to a higher court.
Played out
The judge’s decision and its possible implications were already referenced in at least two subsequent cases this afternoon.
A State solicitor told Judge Melanie Greally at Dublin Circuit Criminal Court that the DPP was looking for time to consider the judgment but it was his understanding that sub-sections 9 and 10 of the Act were now unconstitutional.
He requested that no order be made in the two cases appearing before her under section 99 and that the two men be requested to attend at the next sitting of the relevant District Court.
In such cases the accused are usually remanded back to the District Court which has dealt with any new offences they have allegedly committed.
Judge Greally noted that because of Mr Justice Moriarty’s decisions she no longer has jurisdiction to remand a person but can only “request that the accused undertake” to attend the next sitting of that court.
- Additional reporting by Sonya McLean
Read Justice Moriarty’s in full here >
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He didn’t look too happy to see Kathryn
That ban gardai looks up for it……
Phwoar!
Poor bast*** had every culchie in the county trying to get a selfie. Must be head wrecking.
Kathryn broke wind.
It would seem I have been misusing the phrase “up in arms”… I didn’t realise it meant generally happy.
*up in arms 1. Fig. in armed rebellion. (*Typically: be ~; get ~.) The entire population is up in arms. They are up in arms, ready to fight. 2. Fig. very angry. (Fig. on {2}, but without weapons. *Typically: be ~; get ~.) Wally was up in arms about the bill for the broken window. I am really up in arms about what happened. No misuse occurred…on your part.
Grammar Ally
It might look harmless but do you know how distracting it is trying to do your job when dozens of beautiful women want to meet out and take selfies. It’s not easy being Tweety.
Haha… Will ya go on out of that !!. If it was raining boobies you would end up sucking your thumb ;)
Love how Le Blanc is just looking the other way in the selfie with Kathryn Thomas :)
Don’t generally get off on this type of stuff but that looks like great fun.
Some great selfies. (Did I just say that – Jesus what’s wrong with me)
Kenmare is a great town.
Valerie, look up the meaning of ‘up in arms’
Totally wrong use of “up in arms”. It indicates anger, not appreciation!
Should be “welcomed with open arms” rather than “up in arms”!
I’d say he’s knee deep in clunge
Irish people must be the most gullible,arse licking people on the planet.Makes me sick,especially women…so naive and pretentious…lol
Why were they not immediately introduced to the Healy-Rae’s?
F€ck sake…. That Kathryn Thomas wan just has to get her mug in everywhere….and it’s not even an RTE production.
The new top gear will be terrible. Looking forward to what amazon are going to do with jeremy and co.
Cork me ass. The dirtiest hole in Ireland (Genus McCullough, circa 1988).
Kerry is a shite hole of a place,, they should of come to cork
Maybe Kerry people would know the difference between “Of” and “Have”.
Matt Le Joey should of used his hand double with Cathryn
Cork me arse. The dirtiest hole in Ireland (Genus McCullough, circa 1988).
I call that “Kenmare Style”
‘I call that “Kenmare Style”‘
I call that “Kenmare Style”
Cork with a small c !
I call that “Kenmare Style”
I see they STILL haven’t fixed that ‘up in arms’ headline!
“Up in arms”. Cambridge dictionary definition: “to be very angry.”
Did they not teach you that in writin’ skool?
Kerry people will be up in arms with that headline.
Kenmare Shtyle more like… they’re easy pleased…if I saw him id keep walking.
I call that “Kenmare Style”
God bless the labourers , mentality and actuality. Pity the gravedigger for both rich and poor.
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