The defendants were prosecuted at the Magistrates' Court, convicted and sentenced to 8 months imprisonment; critically the prosecuting authorities in making their case relied on the matching fingerprint obtained by the Livescan device.
Judge Markey QC acquitted the pair; however, the Public Prosecution Service (PPS) requested that the opinion of the Court of Appeal (Ireland) be sought on the question of the admissibility of evidence in the event of statutory non-compliance [REF].