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Dáil Éireann debate -
Tuesday, 26 Nov 1991

Vol. 413 No. 5

Written Answers. - High Court Judgment.

Ivor Callely

Question:

129 Mr. Callely asked the Minister for Justice the steps he proposes to take arising out of the High Court decision in a case (details supplied); and if he will make a statement on the matter.

The High Court judgment in question, which was delivered in July 1989, held that certain provisions of the criminal law which had empowered a peace commissioner to remand a person in custody or on bail were repugnant to the Constitution. The arrangements for the making of applications by the Garda Síochána for such remands were modified to take account of the judgment. All applications for remands are now made by the Garda Síochána to the District Court, either during normal sittings or, outside normal hours, to specially arranged sittings.

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