C (A Minor) v The Governor of Oberstown Detention Campus (Approved)

McCarthy J.���������������������������������������������������� ���������� Neutral Citation No: [2023] IECA 36

1.������ This is an appeal brought by the Governor of Oberstown Children Detention Campus against the order of the High Court (Heslin J.) of the 22nd September 2021, directing the release of the respondent pursuant to Article 40.4.2 of the Constitution. I am satisfied that there was no error in the decision of the High Court for reasons which will become clear in this judgment.

2.������ On the 21st September 2021, the respondent pleaded guilty to several offences before Trim District Court and was sentenced to four months� detention at Oberstown Children Detention Campus. The District Court fixed recognisance in the respondent�s own bond of �25 and an independent surety of �300 with �150 cash to be lodged. The requirement to lodge �150 cash is the issue in this appeal.

3.������ On the 22nd September 2021, the respondent challenged the legality of his detention pursuant to A.40.4.2 of the Constitution on the basis that the requirement for the independent surety to lodge �150 in cash was precluded by virtue of s. 5(4) of the Bail Act 1997, as amended, (hereafter �the 1997 Act�). �It was argued that the District Court had no power to fix recognisance relating to a juvenile offender which included the requirement that an adult independent surety lodge a sum in cash. The High Court (Heslin J.) agreed with the submission and directed the release of the respondent.

4.������ The respondent has appealed his sentence which was listed for the 8th November 2022 in Trim Circuit Court. Two grounds of appeal were filed but the appellant relies only on ground 1: