In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland)

In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland)

The proceedings do not constitute 'a criminal cause or matter' under section 41(1) of the Judicature (Northern Ireland) Act 1978 because they concern administrative implementation of a sentence, not the commencement or conduct of criminal proceedings; therefore, the Supreme Court lacks jurisdiction and the proper appellate route is to the Court of Appeal.

Parties
Respondent: Deborah McGuinness; Appellant/intervener: Department of Justice for Northern Ireland; Appellant/intervener: Michael Stone; Intervener: Attorney General for Northern Ireland; Intervener: Sentence Review Commissioners
Jurisdiction
England and Wales
Judgment Date
19 February 2020
Procedural Posture
Judicial Review / Appeal to Supreme Court on Jurisdictional Issue
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Appeals, Jurisdiction, Interpretation of 'criminal Cause or Matter', Prisoner Release, Sentence Calculation
Criminal Law Public Law Judicial Review Appeals Jurisdiction Interpretation of 'criminal Cause or Matter' Prisoner Release Sentence Calculation

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Parties

Deborah McGuinness

Respondent

Department of Justice for Northern Ireland

Appellant/intervener

Michael Stone

Appellant/intervener

Attorney General for Northern Ireland

Intervener

Sentence Review Commissioners

Intervener

Procedural Posture

Judicial Review / Appeal to Supreme Court on Jurisdictional Issue

Legal Issues

  1. 1 Whether the proceedings constitute 'a criminal cause or matter' under section 41(1) of the Judicature (Northern Ireland) Act 1978
  2. 2 Proper appellate route for judicial review of prisoner release date calculation

Ratio Decidendi

The proceedings do not constitute 'a criminal cause or matter' under section 41(1) of the Judicature (Northern Ireland) Act 1978 because they concern administrative implementation of a sentence, not the commencement or conduct of criminal proceedings; therefore, the Supreme Court lacks jurisdiction and the proper appellate route is to the Court of Appeal.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • Supreme Court has no jurisdiction to hear the appeals; appeals should be brought to the Court of Appeal