District Court President says High Court ruling on criminal prosecutions by gardaí may mean “a lot” of adjournments

Emergency legislation ‘could easily address’ effect of significant High Court judgment affecting management by garda of criminal prosecutions, says District Court presidentIn her High Court ruling Ms Justice Bolger had noted the outcome of her decision may adversely affect the way in which criminal prosecutions are managed before the District Court.

He said emergency legislation could “easily” address the situation. He also agreed the DPP has the option to appeal the judgment but said, pending any such appeal, the High Court decision is stating the law. The 2018 report of the Commission on the Future of Policing had recommended an end to gardaí, rather than qualified lawyers, prosecuting some cases on behalf of the DPP in the District Courts.

Ms Justice Bolger had noted the outcome of her decision may adversely affect the way in which criminal prosecutions are managed before the District Court. The legal issue arose in relation to a prosecution last August of a man who denied a charge of having a small quantity of cannabis. In opposing the High Court proceedings, lawyers for the DPP and AG argued the interpretation of the District Court rules being contended for would result in a fundamental overhaul of the courts presenter system operating in the District Courts.

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