Appeal dismissed; applicant's claim for judicial review of DPP's decision to prosecute is inadmissible.
Ireland (IE)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's appeal against the Director of Public Prosecutions' decision to prosecute him. The applicant argued that the DPP failed to consider relevant factors and acted unreasonably in pursuing the charges. The court held that the decision to prosecute is a matter of public policy and is not subject to judicial review on the grounds raised.
Legislator headnote
AI generateds. 10 of the Criminal Procedure Act 1967; s. 10 of the Criminal Procedure Act 1967: The decision by the Director of Public Prosecutions to institute criminal proceedings is a matter of public policy and is not subject to judicial review.
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AI generatedCited Legislation
AI generatedFull text
THE SUPREME COURT
Appeal No: 222/2013 &
24/2013
Denham C.J.
Hardiman J.
O’Donnell J.
Clarke J.
Charleton J.
Between/
Mark Nash
Applicant/Appellant
and
The Director of Public Prosecutions
Respondent
Judgment of Mr Justice O’Donnell delivered on the 29th day of January 2015
1 I agree with my colleagues that this appeal should be dismissed. Furthermore, I agree with much of what is said in the judgments of
Hardiman, Clarke and Charleton JJ some of which address matters of more general application. However, I am not in a position to
express concluded agreement with everything said in any one of the judgments, nor am I convinced that it would be useful or
desirable to offer a fourth view as to more general matters which, it follows, need not be determined in order to resolve this case. I
would accordingly reserve my consideration of those issues for a case in which any difference of emphasis between the respective
judgments might lead in the particular case to a different result.