Mullan, Re Judicial Review [2007] NICA 47 (03 December 2007)

Mullan, Re Judicial Review [2007] NICA 47 (03 December 2007)

The recall and revocation of the applicant's licence was lawful as the Secretary of State's decision under Article 9(2) was within the range of reasonable conclusions given the urgency and risk to the public; the commissioners' failure to conduct a timely review of detention breached Article 5(4) ECHR as they failed...

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Citation
[2007] NICA 47
Parties
Applicant/respondent: William John Mullan; Respondent/appellant: Secretary of State for Northern Ireland; Respondent/appellant: Life Sentence Review Commissioners
Jurisdiction
Northern Ireland
Judgment Date
03 December 2007
Procedural Posture
Judicial Review / Appeal From High Court Decision; Cross Appeals on Lawfulness of Recall, Breach of Echr, and Compensation
Outcome
Appeal and cross-appeal dismissed; High Court decision affirmed.
Legal Topics
Judicial Review, Recall of Life Prisoners, European Convention on Human Rights (echr), Article 5 ECHR, Compensation for Breach of Rights
Public Law Human Rights Law Criminal Law Judicial Review Recall of Life Prisoners European Convention on Human Rights (echr) Article 5 ECHR Compensation for Breach of Rights

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Parties

William John Mullan

Applicant/respondent

Secretary of State for Northern Ireland

Respondent/appellant

Life Sentence Review Commissioners

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court Decision; Cross Appeals on Lawfulness of Recall, Breach of Echr, and Compensation

Legal Issues

  1. 1 Whether the recall to prison and revocation of licence was lawful under the Life Sentences (Northern Ireland) Order 2001
  2. 2 Whether the delay in reviewing the lawfulness of detention breached Article 5(4) ECHR
  3. 3 Whether compensation is payable for breach of Article 5(4) ECHR

Ratio Decidendi

The recall and revocation of the applicant's licence was lawful as the Secretary of State's decision under Article 9(2) was within the range of reasonable conclusions given the urgency and risk to the public; the commissioners' failure to conduct a timely review of detention breached Article 5(4) ECHR as they failed to be proactive in seeking necessary information and could not excuse delay by reliance on police or pending criminal proceedings; compensation is not payable as the applicant did not suffer a deprivation of liberty he would not otherwise have suffered and his distress was not of sufficient intensity.

Court Disposition

Appeal and cross-appeal dismissed; High Court decision affirmed.

Orders

  • Declaration that the commissioners' failure to conduct a timely review breached Article 5(4) ECHR.
  • No compensation awarded to the applicant.