Curtin warrant: how the legal clock works
The 1988 Act says “...within seven days from the date of warrant”. Thus the date of the warrant is the first day. Apparently, the search took place on the eighth day, and so it was outside the time of the warrant.
The common law has no relevance here. It is the Interpretation Act 1937, Section 11 (h) which is relevant to the manner in which days are to be counted in Irish law.
Indeed, I would suggest that English common law is of no force in Ireland in any case because it is judge-made law, and while judges in England are allowed to make law in this manner, the position in Ireland is that judges are not permitted to make law.
Judges in Ireland interpret the law. The Irish Constitution (article 15.2) says very plainly: “The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State.”
I trust that this clarifies matters.
Seamus Lantry,
3, Father Mathew Street,
Cork.
