Arrest on Warrant Issued in Eire
| Date | 01 July 1964 |
| Published date | 01 July 1964 |
| DOI | 10.1177/002201836402800311 |
| Subject Matter | Article |
Arrest
on
Warrant issued in Eire
R.
v. Commissioner
of
Metropolitan Police: ex parte Hammond
THE above case (The Times, 19 February, 1964) raised a
question of considerable constitutional and practical
importance, namely whether an English magistrate is obliged
without further inquiry to endorse for execution within his
jurisdiction awarrant issued by a magistrate in Eire alleging
an offence in the latter country.
The
case arose in this way.
There
was brought before
Mr.
Frampton, aMetropolitan
magistrate, awarrant issued by a justice of the district court
area of Howth, County Dublin, stating
that
complaint
had
been made on oath and
in
writing
that
one Peter David
Hammond
having the custody of two children had within six
months preceding
the
16 December, 1963, wilfully neglected
the
children in a manner likely to cause
them
unnecessary
suffering or injury to health contrary to
S.12
of
the
Children
Act 1908 as amended by the Children (Amendment) Act 1957,
but
which latter enactment is
not
material to this case.
The
justice's signature was duly authenticated and
the
warrant was
backed for execution in the Metropolitan Police District by
the
Deputy Commissioner of
the
Garda Siochana (Civic
Guard).
The
magistrate endorsed the warrant and on
the
7February, 1964
Mr.
Hammond was arrested by an officer of
the
Metropolitan Police. On
the
following day Streatfeild
J.,
granted awrit of habeas corpus directed to the Commissioner
of Metropolitan Police and returnable on
the
I I February,
1964, on which day
the
case came before a Divisional Court
consisting of Finnemore, Paull and Widgery
JJ.
It
was
then
contended on
Mr.
Hammond's behalf
that
the
magistrate
had
ajudicial discretion whether or not he
endorsed
the
warrant and
that
in order to exercise
that
dis-
cretion properly he ought to have invited
Mr.
Hammond to
come and show cause why the warrant should
not
be endorsed.
Further
the
warrant should have contained particulars of
the
alleged offence. Evidence was filed on
Mr.
Hammond's behalf
showing
that
in 1955 he
had
at Scottow in Norfolk married
2°5
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