The Supreme Court has held that a man detained at Terenure Garda Station remained in lawful custody when gardaí temporarily brought him to Tallaght District Court for a separate criminal case.
Philip Clarke had been arrested at 7.45am on 14 April 2000 on suspicion of robbery and detained under section 4 of the Criminal Justice Act 1984. He was due before Tallaght District Court that morning in relation to another charge and was taken there while still in Garda custody.
Later that day, his solicitor successfully applied to the High Court for habeas corpus, a procedure used to challenge unlawful detention. The High Court concluded that removing Clarke from Terenure Garda Station had brought his statutory detention to an end and ordered his release.
The member in charge of Terenure Garda Station appealed. By the time the case reached the Supreme Court, Clarke had long been at liberty, but the court proceeded to address the legality of the detention while expressly reserving broader questions about whether appeals in moot habeas corpus cases should generally be heard.
Chief Justice Keane held that the 1984 Act did not require a detained person to remain physically inside the Garda station throughout the authorised detention period. A temporary absence for a legitimate purpose, while the detainee remained in Garda custody, did not terminate the detention.
The court drew support from provisions of the 1984 Act dealing with absences for medical attention and court applications, as well as earlier decisions concerning detention under the Offences Against the State Act 1939.
There was no suggestion that Clarke had been moved for an improper purpose such as harassment or to isolate him from legal assistance.
The Supreme Court therefore allowed the appeal, set aside the High Court decision and substituted an order discharging the habeas corpus application.