McCrea v Chief Inspector Nolan [2002] NICA 47 (15 November 2002)

McCrea v Chief Inspector Nolan [2002] NICA 47 (15 November 2002)

The procedure adopted by the magistrate was deficient as the appellant was not properly informed or given an opportunity to make representations, and thus the requirements of domestic law relating to binding over were not complied with. The procedural defects were not cured by the appeal to the county court.

Citation
[2002] NICA 47
Parties
Appellant: Mark Anthony McCrea; Respondent: Chief Inspector FB Nolan
Jurisdiction
Northern Ireland
Judgment Date
15 November 2002
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Binding Over Orders, Natural Justice, Article 6 ECHR, Judicial Review, Procedural Fairness
Criminal Law Human Rights Law Procedural Law Binding Over Orders Natural Justice Article 6 ECHR Judicial Review Procedural Fairness

Case Brief

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Parties

Mark Anthony McCrea

Appellant

Chief Inspector FB Nolan

Respondent

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the procedure adopted by the magistrate in binding over the appellant complied with domestic law and principles of natural justice
  2. 2 Whether the appellant's rights under Article 6 of the European Convention on Human Rights were breached

Ratio Decidendi

The procedure adopted by the magistrate was deficient as the appellant was not properly informed or given an opportunity to make representations, and thus the requirements of domestic law relating to binding over were not complied with. The procedural defects were not cured by the appeal to the county court.

Court Disposition

appeal allowed

Orders

  • Order binding the appellant over set aside
  • No remittal to county court judge for further consideration