High Court refuses bid for release after suspended sentences ruling

The ruling, in what is widely seen as an important test case, saw Mr Justice Paul McDermott refuse Paul Clarke’s attempts to secure release on the basis that he is not being held in lawful custody.

Mr Clarke’s lawyers argued that his detention contravened article 40 of the Constitution following the High Court’s decision to strike down sections 99.9 and 99.10 of the Criminal Justice Act 2016.

However, Mr Justice McDermott ruled that he had not experienced prejudice or discrimination as a result of the struck down provisions.

He also said there were no exceptional circumstances to justify a retrospective declaration of unconstitutionality, much less a “blanket effect” across all activated suspended sentences.

The ruling will have significance for at least 16 other cases launched by prisoners after the suspended sentences ruling.

New emergency legislation to provide for the activation of suspended sentences is expected to go before the Dáil imminently.