The failure to record, on the face of the warrant, the decision of the Director of Public Prosecutions to proceed by way of summary trial renders the warrant bad

The High Court has ruled that the failure to record, on the face of the warrant, the decision of the Director of Public Prosecutions to proceed by way of summary trial (i.e. judge alone) is a "fatal flaw", rendering the warrant bad. 

A minor convicted of possession of controlled drugs for unlawful sale or supply challenged the validity of his detention under Article 40 of the Constitution on the basis that the warrant, on foot of which the minor was committed to prison, fails to record the decision of the Director that the matter be tried summarily.

Mr. Justice Seamus Noonan, in his written judgment, stated that it is not in dispute that an accused is brought before the District Court on foot of a charge sheet. Or that the accused cannot know the form of trial (i.e. summary or indictable) until the Director's decision has been conveyed to a District Court judge. It is "settled law" that the Director alone decides the venue, subject to the District Court judge determining that the offence is minor. Indeed, the trial cannot proceed until the Director invokes the relevant jurisdiction.

It seems to me beyond argument that if the Director has determined that the accused be tried by jury, the District Judge cannot embark on a summary trial and, were he or she to do so, any resultant order would be quashed for the asking. That can be the only reason that in such circumstances the District Judge has no jurisdiction to try the accused. I cannot see how any other construction is possible. It must follow as a matter of logic that if the Director has made no decision one way or the other equally the District Judge has no jurisdiction.

Paraphrasing precedent, Mr. Justice Noonan described the decision of the Director as an "essential ingredient to the exercise of that jurisdiction". In the absence of such a decision by the Director there is simply no jurisdiction vested in the District Court.

Therefore Mr. Justice Noonan concluded that the failure to record, on the face of the warrant, the decision by the Director to proceed by way of summary trial renders the warrant bad.