Judge 'illegally threatens drink-drivers with jail'

A judge went beyond his powers when he warned drink-drivers they would all be automatically locked up, Justice Minister Michael McDowell said today.

Judge John Neilan triggered an outcry when he announced in Tullamore District Court, Co Offaly, he would jail everyone found guilty of drink-driving for a week while he decided on their punishment.

But Mr McDowell said that would be illegal.

“It is not possible for a judge in the case of drunk-driving to say that part of his procedure will be to remand persons whom he has convicted in custody for a week while considering sentence,” he said.

“There is a constitutional entitlement to be on bail and the only circumstances someone could be put in custody are for good and legal reasons.”

The Minister stated clearly he could not comment on individual cases and that the judiciary was independent.

Judge Neilan, a vocal campaigner for road safety, told the court yesterday that his new rules would take effect from December.

He said it did not matter how many people died every year on the roads - whether it was 300 or 1,600 no one seemed to pay a blind bit of notice.

The controversial new tactic was revealed as he dealt with a case in which a 26-year-old man admitted to driving while almost three times over the limit.