Minister for Justice Frances Fitzgerald has said she will be asking the government to approve emergency legislation on suspended sentences next week. 

This follows the release of a prisoner by the High Court as a result of a ruling on suspended sentences which was made last Tuesday.   

Lawyers for the State said they were not standing over the detention of the man and the man was released with the consent of the State. 

Three other cases have been adjourned until next week.

In one case lawyers for the State said there was still some clarity needed about Tuesday's judgment which struck down part of the law governing the activation of suspended sentences.

The released prisoner had received a three year sentence in January 2014, with the last 12 months suspended, on a charge of theft.

He was freed after serving the two year term but was remanded in custody earlier this month, for the purposes of activating the suspended 12 months, after he pleaded guilty to a different offence for domestic violence

After Tuesday's judgment claimed he was unlawfully in custody and the proposed activation of the suspended part of his earlier sentence cannot go ahead.

The challenges to the legality of detention arise from a judgment by Mr Justice Michael Moriarty last Tuesday in which he declared unconstitutional two subsections of Section 99 of the Criminal Justice Act 2006, as amended. Those subsections govern the courts' powers to revoke suspended sentences.

In another case lawyers for a man who has previously challenged the law governing suspended sentences said he is now applying to be released because of Tuesday's judgment. The man was convicted of theft and related offences.

Barrister Brian Gageby said his client had a partially suspended sentence imposed by the Court of Criminal Appeal and later had the suspended of portion of five years activated.

At the time he had made submissions regarding the unfairness of Section 99 of the Criminal Justice Act and later brought a Constitutional challenge which is awaiting a hearing before the Supreme Court.

Mr Gageby said his client was now in custody on foot of an unconstitutional law.

He had always argued about the unfairness of Section 99. The case was adjourned to next Wednesday after lawyers for the state said final orders had yet to be made in Judge Moriarty's ruling last Tuesday.

Senior Counsel Shane Murphy said Mr Justice Moriarty had not made final orders in Tuesday's case and the scope of the orders would have ramifications for the case.

Mr Justice Noonan said he agreed that issues could not be decided until final orders had been made in Tuesday's ruling.

He said an opportunity needed to be given to clarify matters and adjourned the case until next Wedensday.

Another case being taken by judicial review involving a person in custody on drugs offences has been adjourned until next Monday.

In a fourth case judgment was reserved in the case of a man who is serving a seven year sentence.

In a statement, Minister Fitzgerald said that the decision to bring emergency legislation to the Dáil follows consultation between her department and the Offices of the Attorney General on today's judgment.