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Costas Demetriou Drymousis v. The Police (1964) JSC 8 Generato dall'IA

Criminal appeal dismissed because remand order lacked required police authority and applicant was not in custody.

Numero d'incarto Costas Demetriou Drymousis v. The Police (1964) JSC 8
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Respinto (Dismissed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court unanimously set aside a remand order because it was not applied for by an authorized State Police officer and the appellant was not in custody. The court held that the procedural requirements of the Criminal Procedure Law were not met, rendering the order void. Consequently, the appeal was dismissed as the lower court's decision to uphold the remand was legally unsustainable.

Regesto Legislator

Generato dall'IA

s. 24 of the Criminal Procedure Law; s. 2k of the Criminal Procedure Law: A remand order obtained without the application of an authorized State Police officer or when the accused is not in custody is void and must be set aside.

Parole chiave

Generato dall'IA
remand order validity police authority requirements custody status prerequisite criminal procedure law procedural defect grounds setting aside order unauthorized application revoca della licenza condurre

Disposizioni normative citate

Generato dall'IA
s. 24 of the Criminal Procedure Law, Cap. 155
Criminal Procedure Law - Remand order under s. 24 of the Criminal Procedure Law, Cap.
s. 2k of the Criminal Procedure Law, Cap. 155
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Testo completo

[*8]

(VASSILIADES, TRIANTAFYLLIDES, JOSEPHIDES, JJ).

Costas Demetriou Drymousis of Greece,

Appellant,

v.

The Police,

Respondents,

(Criminal Appeal No.2730).

Criminal Procedure Law - Remand order under s. 24 of the Criminal Procedure Law, Cap.

155. Appeal from - Circumstances warranting setting aside of the remand order.

COURT: There is at this stage upon the statement made by Counsel for the Republic ample material on which the appeal before us can be decided:-

1. The appellant is not before the Court as he is not, and has at no material time been, in the custody of the State Police;

2. The remand order was not applied for by a State Police Officer as required by sect. 2k of the Criminal Procedure Law (Cap. 155) or with the authority of the appropriate State Police authorities.

In the circumstances we do not find it necessary for the purposes of this appeal to hear further, either side. We unanimously take the view that the remand order obtained in such circumstances should be set aside and we set it aside accordingly.

L. CLERIDES: Exactly the same considerations apply to the other two appeals: 2731 (Demetrios Vogias v. The Police) and 2733 (Prodromos Andrea of Prastion v. The Police)

FRANGOS: Agreed.

COURT: Same result and similar Orders in the other appeals.

18th August, 1964.