Northern Ireland Case Law

In the matter of an application by Gary and Sean Anderson for leave to apply for judicial review of the decision by the Prison Service of Northern Ireland to refuse to allow the applicants compassionate temporary release

The court granted Gary Anderson leave, quashed the refusal of compassionate temporary release, and ordered release for his father's funeral. Sean Anderson's challenge was refused.

• Compassionate temporary release
• Article 8 echr proportionality
• Judicial review of prison governor decisions
• Wednesbury unreasonableness
• Murder sentence prisoners
• Compassionate-temporary-release

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Manning, Application for Judicial Review

Manning, Application for Judicial Review [2023] NIKB 36 (25 March 2023)

The High Court held that refusing compassionate temporary release for Samuel Manning to attend his aunt’s funeral disproportionately interfered with his Article 8 rights.

• Compassionate temporary release
• Article 8 echr
• Proportionality
• Judicial review of prison decisions
• Judicial-review
• Compassionate-temporary-release

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Larkin, Re Application for Judicial Review

Larkin, Re Application for Judicial Review [2022] NIQB 28 (14 April 2022)

The High Court refused leave for judicial review over compassionate temporary release decisions concerning a prisoner's mother’s funeral and hospital visit.

• Compassionate temporary release
• Article 8 echr
• Article 14 echr
• Section 75 northern ireland act 1998
• Discrimination
• Data protection

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McKee v Northern Ireland Prison Service

McKee v Northern Ireland Prison Service [2018] NIQB 60 (30 July 2018)

The High Court refused leave for judicial review of a prison governor’s refusal of compassionate temporary release for a funeral, finding the decision lawful and evidence-based.

• Compassionate temporary release
• Judicial review procedure
• Article 2 echr
• Section 6 human rights act 1998
• Wednesbury unreasonableness
• Judicial-review

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Maguire, Re Judicial Review

Maguire, Re Judicial Review [2015] NIQB 19 (10 March 2015)

Leave to seek judicial review over delayed compassionate temporary release was refused because the funeral had already passed, making the issue academic.

• Compassionate temporary release
• Prisoner rights
• Judicial review procedure
• Judicial-review
• Prison-law
• Compassionate-temporary-release

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McManus, Re Judicial Review

McManus, Re Judicial Review [2014] NIQB 105 (8 August 2014)

Leave for judicial review was refused in a prison compassionate release case. The court found insufficient evidence that the applicant’s uncle had been his social or psychological parent.

• Compassionate temporary release
• Family life
• In loco parentis
• Margin of appreciation
• Prisoner rights
• Judicial-review

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Smith, Re (Application For Judicial Review)

Smith, Re (Application For Judicial Review) [2014] NIQB 50 (16 April 2014)

The court held that refusing a prisoner compassionate temporary release to visit his terminally ill grandmother was disproportionate and breached Article 8 ECHR.

• Article 8 echr
• Compassionate temporary release
• Prisoner rights
• Article-8-echr
• Compassionate-temporary-release
• Prisoner-rights

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