Case No. 9772Speeding · Co. Kildare

High Court rules judge erred in refusing convictions for Kildare speeding cases

In December 2024, Judge Andrew Cody at Portlaoise District Court found the facts proven against 34 drivers caught speeding over the 60km/h limit at Clogheen, Monasterevin, Co Kildare, but refused to convict them. The DPP sought judicial review of that decision in four lead cases. The High Court, in a ruling given on a Thursday and published that day, found the judge's approach wrong in law, but none of the 34 drivers will be convicted or receive penalty points because the DPP did not ask for the cases to be sent back to the District Court.

  1. Reported
  2. Arrested
  3. Charged
  4. In court
  5. Verdict
  6. Sentenced
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Key facts

consolidated from all reports
What happened
The High Court ruled that a judge erred when he refused to impose convictions on drivers caught speeding.
Where
The speeding offences took place on a stretch of road at Clogheen, Monasterevin, Co Kildare, where the limit is 60km/h.
When
The High Court gave its ruling on a Thursday, and the judgment was published the same day.
In court
  • In December 2024, Judge Andrew Cody at Portlaoise District Court found the facts proven against 34 people but refused to convict them.
  • The DPP sought judicial review of the judge's decision in four lead cases.
  • The DPP asked the High Court to quash the District Court decision and find that a conviction must be recorded where the facts are proven.
  • Mr Justice Cian Ferriter said the judge's approach was wrong in law.
Sentence
None of the 34 drivers will be convicted or receive penalty points because the DPP did not ask for the cases to be sent back to the District Court.
Other details
  • The judge said the prosecutions were driven by targets, statistics and finance rather than safety, and had nothing to do with criminality and little to do with road safety.
  • The High Court said the judge's comments were manifestly in breach of fair procedures.
  • The High Court said the judge was wrong not to convict the speeding drivers because he felt the limit was 'unjust'.
  • None of the 34 drivers opposed the DPP's action.
12 statements extracted from the articles
  • whatThe High Court ruled that a judge erred when he refused to impose convictions on drivers caught speeding. (thejournal.ie)
  • whereThe speeding offences were at a stretch of road at Clogheen, Monasterevin, Co Kildare. (thejournal.ie)
  • whenThe High Court gave its ruling on a Thursday, with the judgment published that day. (thejournal.ie)
  • courtIn December 2024, Judge Andrew Cody at Portlaoise District Court found the facts proven but refused to convict 34 people. (thejournal.ie)
  • courtThe DPP sought judicial review of the judge's decision in four lead cases. (thejournal.ie)
  • courtThe DPP asked the High Court to quash the District Court decision and find that a conviction must be recorded where the facts are proven. (thejournal.ie)
  • courtThe High Court said the judge's approach was wrong in law. (thejournal.ie)
  • sentenceNone of the 34 drivers will be convicted or receive penalty points because the DPP did not ask for the cases to be sent back to the District Court. (thejournal.ie)
  • otherThe judge said the prosecutions were driven by targets, statistics and finance rather than safety. (thejournal.ie)
  • otherThe judge said the prosecutions had nothing to do with criminality and little to do with road safety. (thejournal.ie)
  • otherThe High Court said the judge's comments were manifestly in breach of fair procedures. (thejournal.ie)
  • otherNone of the 34 drivers opposed the DPP's action. (thejournal.ie)

The reporting

newest first
  1. 1 May2026
    High Court says judge was wrong not to convict speeding drivers because he felt limit was 'unjust'

    Reports the High Court judgment on the DPP's judicial review of Judge Andrew Cody's December 2024 decision at Portlaoise District Court. The 34 drivers are not named and no incident dates are given. No existing case covers this proceeding.