Habeas corpus application dismissed; prison transfer under statutory authority does not require new warrant.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe applicant sought a writ of habeas corpus to challenge his unlawful detention at Cork Prison following a transfer from Portlaoise. He argued that no new warrant was required for the move, while the respondent relied on the Criminal Justice Administration Act 1914 to authorize transfers between prisons. The court dismissed the application, holding that the statutory power to direct transfers supersedes the need for a separate warrant, rendering the applicant's detention lawful.
Regesto Legislator
Generato dall'IAs. 17 of the Criminal Justice Administration Act 1914; A prisoner's transfer between prisons pursuant to a ministerial direction under this section does not require a new warrant, and the receiving prison governor acts as the new custodian without further judicial authorization.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IATesto completo
Neutral Citation Number: [2011] IEHC 398
THE HIGH COURT
2011 2006 SS
IN THE MATTER OF ARTICLE 40.4.1 OF THE CONSTITUTION AND IN THE MATTER OF AN APPLICATION FOR HABEAS CORPUS
BETWEEN
GARY CAMPION
APPLICANT
AND
GOVERNOR OF CORK PRISON
RESPONDENT
JUDGMENT of Ms. Justice Irvinie delivered the 24th day of October 2011.
1. From the documentation submitted to me on behalf of the applicant on 17th October, 2011, it appears that the applicant was
sentenced to life imprisonment on two counts of murder on 15th October, 2007, and 8th July, 2009, respectively.
2. From the affidavit sworn by the applicant on 17th September, 2011, it seems highly likely that a warrant issued pursuant to which
the applicant was subsequently detained at Portlaoise Prison.
3. At para. 3 of his affidavit, the applicant complains that he was sent to Cork Prison for 56 days as a punishment for something he
did whilst in Portlaoise Prison. He maintains that Cork Prison has no warrant to hold him and that his detention there is unlawful.
4. The applicant does not contend that there was not a valid warrant committing him to prison in Portlaoise following his conviction.
5. The legislative provisions relevant to the applicant’s complaints are those provided for in s. 17 of the Criminal Justice Administration
Act 1914. In particular, s. 17(3) provides that prisons shall be committed to such prisons as the Lord Lieutenant (now the Minister for
Justice, Equality and Law Reform) may from time to time direct and may unlike direction be removed therefrom during the term of their
imprisonment to any other prison.
6. By reason of the aforementioned section, it is not necessary for a Prison Governor who wishes to move a prisoner from one prison
to another to obtain or produce a warrant for such transfer as is contended for by the applicant. An order of transfer under s. 17 is
the authority by which the Governor of the Prison to which the transferee is assigned becomes his new custodian.
7. I have no reason to believe that the applicant was not transferred in an appropriate fashion in accordance with the provisions of s.
17 to which I have just referred. For the aforementioned reasons, I will dismiss this application.