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PROSECUTION appealing a judge's ruling in a criminal matter.

  • 23-11-2022 11:38am
    #1
    Registered Users Posts: 472 ✭✭


    Suppose the following.

    1. In DPP -v- D a trial judge makes a ruling on a point of law.
    2. The ruling leads directly to the case being dismissed by the judge by direction.

    The prosecution feel quite strongly that the judge erred in law and that the ruling was even made per incuriam.

    Has the DPP any recourse to an appellate court to challenge the ruling ?

    Is there any entitlement, as of right, to ask the judge at first instance to stay their order pending an appeal of the legal point ?



Comments

  • Registered Users Posts: 6,091 ✭✭✭Claw Hammer


    The DPP can ask the Judge to state a case to the High Court in which the Judge asks the High Court to rule if he was correct in law in what he did. It happens in drink driving cases on occasion. The Judge has no choice but to accede to the DPP's request.



  • Registered Users Posts: 25,236 ✭✭✭✭coylemj


    If the High Court rules that the District Court ruling was wrong in law, can the DC be ordered to rehear the case?



  • Registered Users Posts: 6,091 ✭✭✭Claw Hammer


    The case is sent back to the District Court to continue the case taking into account the High Court ruling. The case has already been heard and the facts found so if the judge got it wrong in law he is now supposed to make a new order with the correct law. If a judge for exampl,e dismissed a drink driving case because the guard who stopped the driver was not wearing his cap at the time he made the demand for the sample and the high court heed he was wrong in law to do so the judge would have to reverse his order and convict.



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