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Northern Ireland Case Law

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Administrative law [2023] NIKB 108

Frane, Re Application for Judicial Review

Frane, Re Application for Judicial Review [2023] NIKB 108 (15 November 2023)

The High Court held that continuing Shane Frane’s PRT suspension and PREPS demotion after 2 November 2022 was unlawful for failure to consider material factors and because the process was procedurally unfair.

  • Procedural fairness
  • Material considerations
  • Temporary release
  • Prison discipline
  • Article 5 echr
  • Judicial-review
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Administrative law [2018] NIQB 77

Douglas, Re Judicial Review

Douglas, Re Judicial Review [2018] NIQB 77 (4 October 2018)

The High Court quashed a prison disciplinary decision against Kenneth Douglas, finding procedural unfairness and that the charge was wrongly brought under a catch-all rule.

  • Procedural fairness
  • Prison discipline
  • Judicial review
  • Ultra vires
  • Natural justice
  • Judicial-review
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Prison law [2014] NIQB 120

Stewart, Re Judicial Review

Stewart, Re Judicial Review [2014] NIQB 120 (10 November 2014)

The High Court in Northern Ireland held that prison authorities unlawfully extended restriction of association after 27 December 2013 and wrongly found the prisoner guilty of the disciplinary charge.

  • Prison discipline
  • Segregation of prisoners
  • Restriction of association
  • European convention on human rights
  • Judicial review of prison decisions
  • Judicial-review
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Criminal law [2013] NIQB 115

Beattie, Re Judical Review

Beattie, Re Judical Review [2013] NIQB 115 (13 November 2013)

The High Court quashed a prison disciplinary adjudication after finding the applicant had not been given requested materials or a fair chance to consult before the hearing.

  • Prison discipline
  • Procedural fairness
  • Judicial review
  • Timeliness of charges
  • Judicial-review
  • Prison-law
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Public law [2012] NIQB 4

O'Rawe, Re Judicial Review

O'Rawe, Re Judicial Review [2012] NIQB 4 (10 February 2012)

The High Court in Northern Ireland dismissed a prisoner's judicial review challenge to his removal from Foyleview, holding the process was fair and the delay was not unreasonable.

  • Procedural fairness
  • Prison discipline
  • Article 8 echr
  • Removal from prison unit
  • Home leave eligibility
  • Procedural-fairness
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Criminal law [2010] NIQB 78

Reilly, Re Judicial Review

Reilly, Re Judicial Review [2010] NIQB 78 (5 July 2010)

The High Court quashed a prison adjudication after finding the governor failed to properly address self-defence and did not question the prisoner about his honest belief.

  • Self defence
  • Procedural fairness
  • Prison discipline
  • Judicial review
  • Self-defence
  • Procedural-fairness
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Criminal law [2009] NIQB 68

Hart, Re Application for Judicial Review

Hart, Re Application for Judicial Review [2009] NIQB 68 (03 August 2009)

The court dismissed a prison judicial review, holding that the applicant did not raise duress, expressly or by implication, and the governor had fairly explored his reasons for refusing work.

  • Duress
  • Prison discipline
  • Procedural fairness
  • Judicial review
  • Judicial-review
  • Prison-discipline
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Constitutional law [2009] NICA 25

Donaldson, Re Judicial Review

Donaldson, Re Judicial Review [2009] NICA 25 (3 April 2009)

The Court of Appeal in Northern Ireland upheld the refusal of judicial review over a prison policy banning Easter lilies in communal areas, finding the rule proportionate and lawful.

  • Freedom of expression
  • Prisoner rights
  • Discrimination
  • Article 10 echr
  • Article 14 echr
  • Proportionality
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Prison law [2009] NICA 15

Hart, Re Judicial Review

Hart, Re Judicial Review [2009] NICA 15 (3 March 2009)

The Court of Appeal in Northern Ireland held that Rule 35(4) could not be used before a decision to charge the prisoner, but upheld the Rule 32 restriction and no denial of legal access.

  • Prison discipline
  • Judicial review
  • Prisoner rights
  • Statutory interpretation
  • Prison-law
  • Judicial-review
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Prison law [2009] NIQB 12

Haire, Re Judicial Review

Haire, Re Judicial Review [2009] NIQB 12 (17 February 2009)

Judicial review of prison disciplinary and release decisions. The court quashed an adjudication for breach of temporary release conditions, but upheld the other prison service decisions.

  • Judicial review of prison decisions
  • Temporary release conditions
  • Prison discipline
  • Parole eligibility
  • Judicial-review
  • Prison-law
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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.