Judgment: 2016-11-21 · Court archive

High Court rules delay before breath-test observation did not make detention unlawful

Answering a consultative case stated from the District Court for Kilrush, the High Court said the wait for a trained Garda did not, in the circumstances, make the accused’s detention unlawful. It did not dismiss the charge.

The High Court · [2016] IEHC 723

Who, what, where, when and why

Who

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What

Answering a consultative case stated from the District Court for Kilrush, the High Court said the wait for a trained Garda did not, in the circumstances, make the accused’s detention unlawful. It did not dismiss the charge.

Where

No place detail is included in this summary.

When

Judgment:

Why

Read the report below for the decision and any reasons given.

The High Court ruled that a delay before the start of a breath-test observation period did not make an accused man’s detention unlawful. The court answered “No” to both questions referred by the District Court: whether the accused had been deprived of his liberty longer than was reasonable, and whether the charge should be dismissed. It did not dismiss the charge.

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