Oireachtas Joint and Select Committees

Thursday, 20 November 2014

Public Accounts Committee

2013 Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22 - Courts Service

10:40 am

Mr. Brendan Ryan:

Judges do operate within the law. I think the Deputy is referring to the District Court common law box jurisdiction under the Road Traffic Act. In some cases in the past accused persons were requested to make a donation to the poor box, rather than incur a different penalty.

Some judges adopted the practice of asking for contributions to be made to the poor box instead. In the High Court earlier in the year Mr. Justice Hogan concluded:


The District Court enjoys no jurisdiction to impose an informal sanction short of actual conviction such as accepting a donation to the poor box ... This would amount to an indirect circumvention of these statutory provisions.
The Courts Service manages the funds, but it only has a management function and has no responsibility or discretion with regard to whom the money is paid.

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