asked the Minister for Justice if it is correct that, as reported in the public press on the 4th July, 1963, he attempted to prevent the due execution of an Order of the Central Criminal Court without any consultation with the judge who made such Order.
Ceisteanna—Questions. Oral Answers. - Central Criminal Court Order.
27.
The facts of the matter are as follows: On 25th June a defendant on a criminal charge was sentenced to one month's imprisonment, the learned trial judge directing that the committal to prison should be deferred until 12 noon on Monday, 1st July, to enable the defendant to settle his domestic affairs.
On 27th June, the defendant petitioned the Minister for Justice for remission of the prison sentence and on the following day, Friday 28th June, the petition was sent to the Garda for a report as to the relevant circumstances. As it was evident that all the relevant papers, including any observations the trial judge might offer, could not be before the Minister for decision before 12 noon on Monday, a direction was issued to the Gardaí not to execute the committal warrant pending the Minister's decision on the petition.
The Garda report was received in the Department of Justice on 3rd July and, on the same day, was sent with the defendant's petition to the trial judge for any observations which in his opinion might be useful to the Minister in his consideration of the petition.
My direction to the Gardaí not to execute the warrant pending my determination on the petition is in accordance with established practice since the foundation of the State. Several of my predecessors have obtained advice on their powers in this regard and on each occasion the advice of the Attorney General for the time being has been to confirm the Minister's powers to postpone the execution of warrants while a petition was being considered.
Is it normal to seek the observations of the Garda before those of the trial judge?
Yes: then the Garda report is sent to the trial judge.