Two more prisoners have taken High Court cases arising out of last week's judgment which struck down part of the law governing suspended sentences.
It is expected that all cases will be adjourned until Wednesday or later when further clarity on the scope of the judgment is expected.
At the High Court this afternoon, a man who had a four month suspended sentence activated after he committed a new offence has challenged his detention under the now unconstitutional law.
The man's lawyers say he was sentenced to an additional ten months for re-offending in January last.
While they could not ask for his immediate release because he is serving a new sentence, they were asking that he be given credit for the four months suspended sentence, which they say, the court did not have power to impose.
Mr Justice Seamus Noonan granted leave to seek a judicial review and adjourned the case until Wednesday.
In another case today, taken under Article 40 of the Constitution, lawyers for another prisoner said they were taking a similar case based on last week's judgment.
That case was also expected to be adjourned. Four cases were dealt with by the High Court last week
The High Court applications arise as a result of a judgment on Tuesday in which Mr Justice Michael Moriarty declared parts of Section 99 of the Criminal Justice Act unconstitutional because it allows for significantly different treatment of people before the law in relation to their rights of appeal.
That section of the act says those who reoffend while a suspended sentence is hanging over them must be automatically be remanded back to the original sentencing court where a judge may activate the suspended sentence.
Mr Justice Moriarty said this interfered with a person's right to appeal the new conviction as they could be sent to jail before that appeal is determined.
On Friday, the Department of Justice said Minister Frances Fitzgerald would be asking the Cabinet to approve emergency legislation to deal with the matter.
