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Northern Ireland Case Law

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Criminal law [2025] NICA 63

Department of Justice v Parole Commissioners for Northern Ireland (Rev1)

Department of Justice v Parole Commissioners for Northern Ireland (Rev1) [2025] NICA 63 (09 December 2025)

The Court of Appeal in Northern Ireland held that Article 28 release directions cannot be made contingent on uncertain future events or third-party decisions.

  • Parole
  • Release of prisoners
  • Licence conditions
  • Public protection sentences
  • Statutory construction
  • Release-of-prisoners
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Criminal law [2025] NIKB 25

The Department Of Justice, Re Application for Judicial Review

The Department Of Justice, Re Application for Judicial Review [2025] NIKB 25 (11 April 2025)

The High Court held that parole commissioners in Northern Ireland may direct release on a conditional basis under Article 28, with release due once conditions are met.

  • Parole
  • Statutory interpretation
  • Conditional release
  • Public protection sentences
  • Judicial review
  • Judicial-review
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Criminal law [2025] NIKB 5

McMoran, Re Application for Judicial Review

McMoran, Re Application for Judicial Review [2025] NIKB 5 (30 January 2025)

Leave for judicial review was refused in a challenge to parole and probation decisions concerning a recalled prisoner, including the meaning of “harm” in the parole test.

  • Parole
  • Recall of prisoners
  • Statutory interpretation
  • Irrationality
  • Adequacy of reasons
  • Judicial-review
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Criminal law [2023] NIKB 9

Silva, Re Application for Judicial Review

Silva, Re Application for Judicial Review [2023] NIKB 9 (10 February 2023)

The court refused leave to challenge the Parole Commissioners’ refusal to direct release, holding that the decision was rational and lawfully reasoned on the evidence.

  • Parole
  • Judicial review
  • Irrationality challenge
  • Life sentences
  • Risk assessment
  • Release on licence
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Criminal law [2022] NIKB 18

Frane, Re Application for Judicial Review

Frane, Re Application for Judicial Review [2022] NIKB 18 (27 October 2022)

The High Court dismissed Mr Frane’s judicial review, finding no Article 5 breach and no unlawful failure to follow Parole Commissioners’ recommendations.

  • Article 5 echr
  • Parole
  • Pre-release testing
  • Probation duties
  • Covid-19 prison restrictions
  • Article-5-ehcr
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Criminal law [2022] NIKB 7

Whittle, Re Application for Judicial Review

Whittle, Re Application for Judicial Review [2022] NIKB 7 (13 September 2022)

The High Court refused leave for judicial review of the Parole Commissioners’ refusal to release Barry Whittle, holding that licence conditions were considered and no error of law was shown.

  • Parole
  • Judicial review
  • Licence conditions
  • Extended custodial sentence
  • Judicial-review
  • Licence-conditions
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Criminal law [2022] NICA 4

Doherty, R. v

Doherty, R. v [2022] NICA 4 (26 January 2022)

The Court of Appeal in Northern Ireland quashed indeterminate sentences for offensive weapon counts but upheld the indeterminate sentence for robbery.

  • Indeterminate custodial sentence (ics)
  • Extended custodial sentence (ecs)
  • Dangerous offender
  • Robbery
  • Possession of offensive weapon
  • Appeal against sentence
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Public law [2021] NIQB 102

McGuinness, Re Application for Judicial Review (No. 4)

McGuinness, Re Application for Judicial Review (No. 4) [2021] NIQB 102 (19 November 2021)

Judicial review leave was mostly refused in a challenge to Michael Stone’s parole release, though leave was granted on limited issues about public hearings and victim attendance.

  • Parole
  • Victims' rights
  • Open justice
  • Judicial review
  • Procedural fairness
  • Article 6 echr
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Public law [2021] NIQB 66

Larkin, Re Application for Judicial Review

Larkin, Re Application for Judicial Review [2021] NIQB 66 (02 August 2021)

The High Court dismissed Michael Larkin’s challenge to the suspension of pre-release testing during Covid-19 and to the Parole Commissioners’ refusal to direct his release.

  • Judicial review
  • Article 5 echr
  • Covid-19 prison restrictions
  • Parole
  • Extended custodial sentences
  • Wednesbury unreasonableness
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Criminal law [2021] NIQB 14

Smyth, Re Application for Judicial Review

Smyth, Re Application for Judicial Review [2021] NIQB 14 (11 February 2021)

The High Court refused judicial review of a licence revocation, holding there was no pre-determination and that a reference to deterrence did not vitiate the decision.

  • Recall of licence
  • Parole
  • Judicial review
  • Protected information
  • Procedural fairness
  • Material considerations
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Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.