McCormick, Re Application for Judicial Review [2023] NIKB 38 (31 March 2023)

McCormick, Re Application for Judicial Review [2023] NIKB 38 (31 March 2023)

The 2022 Scheme does not unlawfully fetter the discretion of the Northern Ireland Prison Service, is rationally based on observed benefits for resettlement, and does not result in unlawful discrimination or unequal treatment under common law or the ECHR. The applicant is not in an analogous position to prisoners under the previous scheme, and the policy is within the authority's margin of appreciation.

Citation
[2023] NIKB 38
Parties
Applicant: Hugh McCormick; Proposed Respondent: Northern Ireland Prison Service
Jurisdiction
Northern Ireland
Judgment Date
31 March 2023
Procedural Posture
Judicial Review Application / Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused
Legal Topics
Temporary Release From Prison, Fettering of Discretion, Irrationality (wednesbury Unreasonableness), Equal Treatment, Article 8 ECHR, Article 14 ECHR
Public Law Prison Law Human Rights Temporary Release From Prison Fettering of Discretion Irrationality (wednesbury Unreasonableness) Equal Treatment Article 8 ECHR +1 more

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Parties

Hugh McCormick

Applicant

Northern Ireland Prison Service

Proposed Respondent

Procedural Posture

Judicial Review Application / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the 2022 Scheme unlawfully fetters the discretion of the Northern Ireland Prison Service in granting temporary release
  2. 2 Whether the 2022 Scheme is irrational or Wednesbury unreasonable
  3. 3 Whether the applicant has been subject to unequal treatment or discrimination under common law and the Human Rights Act 1998 (Articles 8 and 14 ECHR)

Ratio Decidendi

The 2022 Scheme does not unlawfully fetter the discretion of the Northern Ireland Prison Service, is rationally based on observed benefits for resettlement, and does not result in unlawful discrimination or unequal treatment under common law or the ECHR. The applicant is not in an analogous position to prisoners under the previous scheme, and the policy is within the authority's margin of appreciation.

Court Disposition

Leave to apply for judicial review refused