Could Judge Neilan jail drivers?
Legal sources doubt that Judge Neilan can automatically jail drink-drivers while he considers penalties to impose on them.
"You have to lock people up for a legal purpose," said one expert on drink-driving law. "For example, people can be refused bail if it is thought they will not turn up for trial or sentence. You can't refuse a person bail for no good reason. It's an abuse of the remand procedure."
Judge Neilan's threat to jail a man convicted of drink-driving when he appears before him next month for sentence was described by a legal source as "a colourable device using a legal process ostensibly for one purpose and really for another. It's an attempt to circumvent a lawful appeal. It's unlawful to imprison people as a result of an automatic policy."
The person convicted yesterday can go to the High Court seeking a declaration that Judge Neilan's use of remand was wrong, and asking that the judge not be allowed to hear the remainder of the case.
Those who often represent drink-drivers contend that there is a still huge cultural tolerance of drink-driving, both on the bench and in society at large, especially where there has not been an accident.
Carol Coulter, Legal Affairs Correspondent