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Right to Liberty - Coggle Diagram
Right to Liberty
article 40
procedure in constitution - remedy - order for release - urgent application,
informal
Quinnv Ryan - solicitor didn't talk to client, in good fatih
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McDonagh v Frawley - default of fundamental requirements required not legal error - some illegality in the order
Ryan v Mountjoy sentenced to 6 month (x2), argued decision procedurally flaw, only there if absence of jurisdiction, fundamental denial of justice or fundamental flaw
SMcG child care case, parents granted legal aid, child taken into care before parents consulted with parents - held - breach of fair procedures meant unlawful - - fudnametal denial of justice (lack of legal representaiton), appropriate in these circumstances, phased return permitted
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AC v Cork elderly, detained in Cork hospital, son wanted release, hospital refused concerns over welfare, HC refused article 40,, CA overturned and said no halfway house -
SC - made person ward using proper procedure, entitled to reasonable time to investigate capacity, hospital had to go to court and get declaration person can't leave
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FX applicant unfit to be tried -, hadn't considered evdience of approved medical officer, other evidence heard, order good on its face shouldn't be denied unless fundamental denial of justice or fundamental flaw - detention unalwful - although appeal moot likely to rise again
mental health
philip clarke - garda power to detain, had to apply to authorised medical officer - allowed - deference to medical professionals
AIB v St Lomans hospital - detention with mental health act, if no longger suffering order revoke, if assessed and fine release, nothing comppeling assessment to take place - lacked safeguards
jurisdiction of HC
HSE v OB being treated in UK as no facilities in IReland, right to liberty engaged, - to deprive someone show of unsound mind, warrant compulosry detention, continued detention depends on persistence of disorder
HSE v VF - alcoholic misue, not under metntal health acts - could be moved to centre where real and substantial risk to health, safety and life - regular reviews
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Finnegan
rearrested after escaping by ealking out, resumed ordinary life imprisonment not adminstering justice
contempt
disrupting proceedings
Tracey v District Judge McCarthy interrupting and allegations against judge, - SC - punishment wrong - should be done seperate hearing, and legal assistance and aid - could have been removed by judge but not imprisoned without proper procedures
Walsh judge gave warning, offered legal aid, and chance to apologise
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childrens welfare
DG - danger to himself and otehrs, could be refined on short term basis, ongoing review
infections diseases
S v HSE suspected of having TB, detained in hospital, permissible under health act, proportionate in public interest, recourse to courts sufficient, presumed act operate constitutionally
prevenative detention
daniels - life sentence for attempted murder, element of prevention, - not factor - due to seriousness of offence -