McGreechan, R v [2014] NICA 5 (17 January 2014)

McGreechan, R v [2014] NICA 5 (17 January 2014)

The Court of Appeal has no jurisdiction to hear an appeal against the Crown Court's order lifting reporting restrictions, as such an order is not a 'sentence' made on conviction within the meaning of the Criminal Appeal (NI) Act 1980. The exclusion of a right of appeal for the child in these circumstances violates Article 6 ECHR, and section 159(1)(c) of the Criminal Justice Act 1988 should be read to include a right of appeal against the discharge or refusal of reporting restrictions. However, if jurisdiction had existed, the balance of interests would have favoured open justice and publication of the appellant's identity.

Citation
[2014] NICA 5
Parties
Prosecution: The Queen; Appellant/defendant: Ryan McGreechan
Jurisdiction
Northern Ireland
Judgment Date
17 January 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Lifting of Reporting Restrictions After Conviction and Sentence
Outcome
appeal dismissed for want of jurisdiction
Legal Topics
Reporting Restrictions, Juvenile Justice, Open Justice, Privacy Rights, Appeal Jurisdiction
Criminal Law Human Rights Law Media Law Reporting Restrictions Juvenile Justice Open Justice Privacy Rights Appeal Jurisdiction

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Parties

The Queen

Prosecution

Ryan McGreechan

Appellant/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Lifting of Reporting Restrictions After Conviction and Sentence

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against a Crown Court order lifting reporting restrictions on a child defendant after conviction
  2. 2 Whether the exclusion of a right of appeal for the child violates Article 6 ECHR (right to a fair trial/access to justice)
  3. 3 Whether the lifting of reporting restrictions was a proportionate interference with the child's Article 8 ECHR rights (privacy)

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear an appeal against the Crown Court's order lifting reporting restrictions, as such an order is not a 'sentence' made on conviction within the meaning of the Criminal Appeal (NI) Act 1980. The exclusion of a right of appeal for the child in these circumstances violates Article 6 ECHR, and section 159(1)(c) of the Criminal Justice Act 1988 should be read to include a right of appeal against the discharge or refusal of reporting restrictions. However, if jurisdiction had existed, the balance of interests would have favoured open justice and publication of the appellant's identity.

Court Disposition

appeal dismissed for want of jurisdiction

Orders

  • No order as to reporting restrictions; if jurisdiction had existed, the court would have refused to interfere with the Crown Court's decision to lift restrictions.