Plan to jail drink drivers unlawful, says McDowell

JUSTICE Minister Michael McDowell has labelled proposals by a District Court judge to imprison convicted drink drivers for a week before sentencing as unlawful and unconstitutional.

Mr McDowell yesterday reacted to warnings by Judge John Neilan, who presides at Mullingar District Court, that he would place all convicted drink drivers who came before his court from December 1 in prison for a week before sentencing them.

Speaking to reporters at a conference in Dublin, Mr McDowell said that, in general, he never commented on the outcome of individuals cases or judgments as the judiciary was independent of the political process.

However, the minister said he felt able to comment on general statements about the law, such as those made by Judge Neilan.

Mr McDowell pointed out that the Constitution guaranteed the liberty of every citizen except in circumstances where there was a sound legal basis for doing so.

“In the case of a general policy to remand persons in custody pending sentence, that would clearly be unlawful in my view,” he said. “I believe Judge Neilan if he reflects on it will come to the same view.”

On Thursday, Judge Neilan explained he was considering such action in response to his outrage at the continuing high number of such cases which were coming before him. He also expressed frustration at the number of cases where sentences he had imposed on drink drivers had been reduced following appeals to the Circuit Court.

Although legal experts have predicted that any attempt by the judge to remand drink drivers in custody pending sentencing would face a High Court challenge, Judge Neilan said he would welcome any case that questioned his jurisdiction.

Mr McDowell stressed that it was up to the judge to run his court “whatever way he wants.” However, he believed neither the law nor the Constitution allowed him to imprison convicted drink drivers before sentencing, except in rare circumstances for solid legal reasons.

“A general policy of the kind outlined by the judge is not a good legal reason,” said the minister. “No person should be imprisoned as a matter of policy on a remand basis in relation to a minor offence.”

However, he acknowledged that Judge Neilan had a legitimate complaint to question unduly lenient sentences being imposed in summary cases.

Mr McDowell said that the Government was currently examining the possibility of allowing the DPP to appeal sentences imposed by the District Court. Under existing legislation, the DPP can only challenge unduly lenient sentences handed down by the higher courts.