McGuinness, Re Application for Judicial Review (No. 4) [2021] NIQB 102 (19 November 2021)

McGuinness, Re Application for Judicial Review (No. 4) [2021] NIQB 102 (19 November 2021)

The applicant is not entitled to full participation rights or party status in parole hearings; the Parole Commissioners lawfully applied the statutory test, considered all relevant material, and provided adequate reasons for their decision. The applicant's challenges based on misdirection, irrationality, failure to consider material facts, and failure to provide reasons are unarguable. Leave to apply for judicial review is refused on all grounds except the limited issue of the lawfulness of the rules prohibiting public hearings and victim attendance.

Citation
[2021] NIQB 102
Parties
Applicant: Deborah McGuinness; Proposed Respondent: Department of Justice for Northern Ireland; Proposed Respondent: The Parole Commissioners for Northern Ireland; Notice Party: Michael Stone
Jurisdiction
Northern Ireland
Judgment Date
19 November 2021
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused except on the limited issue of the lawfulness of rules prohibiting public hearings and victim attendance.
Legal Topics
Parole, Victims' Rights, Open Justice, Judicial Review, Procedural Fairness, Article 6 ECHR, Article 10 ECHR, Article 17 ECHR
Public Law Criminal Law Human Rights Parole Victims' Rights Open Justice Judicial Review Procedural Fairness +3 more

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Parties

Deborah McGuinness

Applicant

Department of Justice for Northern Ireland

Proposed Respondent

The Parole Commissioners for Northern Ireland

Proposed Respondent

Michael Stone

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Parole Commissioners' rules unlawfully prohibit public hearings and victim attendance
  2. 2 Whether the applicant is entitled to full participation rights in parole hearings
  3. 3 Whether the Commissioners' decision to release Michael Stone was unlawful due to misdirection, irrationality, failure to consider material facts, or failure to provide reasons

Ratio Decidendi

The applicant is not entitled to full participation rights or party status in parole hearings; the Parole Commissioners lawfully applied the statutory test, considered all relevant material, and provided adequate reasons for their decision. The applicant's challenges based on misdirection, irrationality, failure to consider material facts, and failure to provide reasons are unarguable. Leave to apply for judicial review is refused on all grounds except the limited issue of the lawfulness of the rules prohibiting public hearings and victim attendance.

Court Disposition

Leave to apply for judicial review refused except on the limited issue of the lawfulness of rules prohibiting public hearings and victim attendance.

Orders

  • Leave granted to challenge the lawfulness of the 2009 Rules insofar as they prohibit public hearings and the failure to make provision for the applicant to attend the hearing.
  • Leave to apply for judicial review on all other grounds refused.