10/10/2026
Unlawfully Detained?
The Minister for Justice Has Removed the Court Fee Barrier
Personal liberty is a fundamental right. Unlawful detention is not confined to prison cells, Garda stations or locked institutions. It can arise anywhere a person's freedom is unlawfully restricted.
Section 15 of the Non-Fatal Offences Against the Person Act 1997 defines false imprisonment to include intentionally or recklessly taking, detaining, causing the detention of, or otherwise restricting another person's personal liberty without consent.
Importantly, section 15(2) recognises that consent obtained through force, threats of force or deception causing a person to believe they are legally compelled to consent is not genuine consent.
This protection has particular significance for children unlawfully deprived of their liberty while in Tusla care, vulnerable people unlawfully confined in nursing homes, prisoners detained without lawful authority, and victims of domestic violence whose freedom to leave their homes is restricted through threats of force.
The essential question is whether a person is being deprived of their liberty and whether that deprivation is authorised by law.
Since 11 September 2026, S.I. No. 465 of 2026, made by the Minister for Justice, provides an exemption from court fees for proceedings under Article 40.4 of the Constitution where the person concerned is alleged to be unlawfully detained at the time the proceedings are brought.
Crucially, Article 40.4.2 permits a complaint to be made to the High Court by or on behalf of any person. It is not restricted to Irish citizens. Children, adults, Irish citizens and non-citizens can invoke this constitutional procedure.
The exemption concerns court fees, not necessarily legal representation or other litigation costs. It is available where the proceedings meet the statutory conditions, not merely because a person is in care, in prison or experiencing domestic violence.
A person alleging current unlawful detention, or someone acting on their behalf, can seek the protection of the High Court without the barrier of the applicable court filing fees.
No person's liberty should depend on their ability to pay a court fee to challenge an allegedly unlawful detention.
Read the law. Know your rights. Stand on them.
S.I. No. 465/2026:
irishstatutebook.ie/eli/2026/si/46…
Non-Fatal Offences Against the Person Act 1997, section 15:
irishstatutebook.ie/eli/1997/act/2…