Lynch, Re Judicial Review [2016] NIQB 4 (11 January 2016)

Lynch, Re Judicial Review [2016] NIQB 4 (11 January 2016)

District Judge King had power under Article 161 of the Magistrates' Courts (NI) Order 1981 to adjourn the breach of bail hearing, but did not have power to remand the applicant in custody for breach of bail without first forming the requisite opinion under Article 6(6) of the Criminal Justice (NI) Order 2003.

Citation
[2016] NIQB 4
Parties
Applicant: Stephen Lynch; Notice Party: Public Prosecution Service
Jurisdiction
Northern Ireland
Judgment Date
11 January 2016
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Declarations granted in part
Legal Topics
Bail, Adjournment of Proceedings, Remand in Custody
Criminal Law Judicial Review Bail Adjournment of Proceedings Remand in Custody

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Parties

Stephen Lynch

Applicant

Public Prosecution Service

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether a District Judge has power to adjourn a breach of bail hearing under Article 161 of the Magistrates' Courts (NI) Order 1981
  2. 2 Whether a District Judge has power to remand an applicant in custody for breach of bail without forming the requisite opinion under Article 6(6) of the Criminal Justice (NI) Order 2003

Ratio Decidendi

District Judge King had power under Article 161 of the Magistrates' Courts (NI) Order 1981 to adjourn the breach of bail hearing, but did not have power to remand the applicant in custody for breach of bail without first forming the requisite opinion under Article 6(6) of the Criminal Justice (NI) Order 2003.

Court Disposition

Declarations granted in part

Orders

  • Declaration that the District Judge had power to adjourn the breach of bail hearing under Article 161 of the Magistrates' Courts (NI) Order 1981.
  • Declaration that the District Judge did not have power to remand the applicant in custody for breach of bail without forming the requisite opinion under Article 6(6) of the Criminal Justice (NI) Order 2003.