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Northern Ireland Case Law

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Criminal law [2023] NIKB 98

McCabe, Re Application for Judicial Review

McCabe, Re Application for Judicial Review [2023] NIKB 98 (12 October 2023)

The High Court in Northern Ireland granted Amanda McCabe bail on strict conditions after finding a material change in circumstances, though it still saw a real risk of reoffending.

  • Bail
  • Terrorism
  • Presumption of innocence
  • Detention
  • Judicial consistency
  • Human-rights
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Criminal law [2023] NIKB 92

Ward, Re Application for Judicial Review (Rev1)

Ward, Re Application for Judicial Review (Rev1) [2023] NIKB 92 (15 September 2023)

Judicial review concerning whether sex-offender notification requirements continued to apply while a magistrates’ court conviction was under de novo appeal.

  • Sexual offences notification requirements
  • Presumption of innocence
  • Right to private and family life
  • Judicial review
  • Appeals from magistrates’ court
  • Proportionality of interference
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Criminal law [2023] NIKB 99

Murphy, Re Application for Bail

Murphy, Re Application for Bail [2023] NIKB 99 (06 September 2023)

The High Court in Northern Ireland refused Kevin Barry Murphy bail, finding a real and grave risk of further terrorist offending that conditions could not adequately manage.

  • Bail
  • Terrorism
  • Presumption of innocence
  • Echr article 5
  • Risk assessment
  • Article-5-echr
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Public law [2022] NIKB 3

JR222, Re Application for Judicial Review

JR222, Re Application for Judicial Review [2022] NIKB 3 (15 September 2022)

The High Court dismissed a judicial review challenge to the Minister’s refusal to suspend the Muckamore Abbey Hospital Inquiry pending criminal proceedings.

  • Judicial review of ministerial decision
  • Article 6 echr (right to fair trial)
  • Parallel criminal proceedings and public inquiries
  • Suspension of public inquiry
  • Presumption of innocence
  • Media reporting and fair trial rights
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Criminal law [2018] NICC 20

Jackson & Anor, R v

Jackson & Anor, R v [2018] NICC 20 (14 December 2018)

After the defendants’ acquittal on rape charges, the Crown Court in Belfast refused their applications for defence costs under the Northern Ireland costs statute.

  • Defence costs on acquittal
  • Judicial discretion in awarding costs
  • Costs against prosecution
  • Presumption of innocence
  • Impact of acquittal on costs
  • Public interest in prosecution
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Administrative law [2017] NIQB 109

A Grammar School, Re Judicial Review

A Grammar School, Re Judicial Review [2017] NIQB 109 (10 November 2017)

The High Court upheld a tribunal decision allowing a pupil’s school-expulsion appeal, finding the board failed to properly enquire into unproven police allegations.

  • Judicial review of school expulsion
  • Procedural fairness
  • Duty of enquiry
  • Presumption of innocence
  • Judicial-review
  • School-expulsion
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Criminal law [2016] NICA 11

PPS v Bryson

PPS v Bryson [2016] NICA 11 (7 March 2016)

Court held section 6(8) of the Public Processions Act 1998 imposed a legal burden on the accused and did not breach the presumption of innocence.

  • Burden of proof
  • Presumption of innocence
  • Statutory interpretation
  • Public processions
  • Procedural time limits
  • Burden-of-proof
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Criminal law [2015] NICA 27

McCarney, R v

McCarney, R v [2015] NICA 27 (8 May 2015)

The Court of Appeal in Northern Ireland held that a section 5 count under the 2004 Act did not make the trial unfair and dismissed the appeal.

  • Murder
  • Causing or allowing death of a child
  • Sexual assault of a child
  • Grievous bodily harm
  • Procedural fairness
  • Section 5 domestic violence, crime and victims act 2004
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Criminal law [2012] NICA 50

Director of Public Prosecutions v Mahon

Director of Public Prosecutions v Mahon [2012] NICA 50 (20 November 2012)

The Court of Appeal in Northern Ireland held that the defendant bore the burden of proving the hotel resident exception to licensing offences.

  • Burden of proof
  • Statutory exceptions
  • Reverse onus
  • Sale of alcohol outside permitted hours
  • Presumption of innocence
  • Burden-of-proof
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Criminal law [2012] NIQB 110

Coney, Re Bail

Coney, Re Bail [2012] NIQB 110 (1 November 2012)

The High Court in Northern Ireland refused Gavin Coney’s bail application, finding substantial grounds to believe he might commit serious offences if released.

  • Bail
  • Terrorism
  • Presumption of innocence
  • Reasonable suspicion
  • Prevention of offences
  • Reasonable-suspicion
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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.