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Northern Ireland Case Law

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Public law [2023] NIKB 118

Morgan, Application for Judicial Review

Morgan, Application for Judicial Review [2023] NIKB 118 (29 November 2023)

A judicial review challenge by a remand prisoner over access to counselling in prison was dismissed as academic after he was granted bail.

  • Judicial review
  • Prisoner rights
  • Policy publication
  • Access to counselling
  • Echr articles 5, 8, 14
  • Judicial-review
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Public law [2023] NIKB 60

Tanner, Application for Judicial Review

Tanner, Application for Judicial Review [2023] NIKB 60 (15 May 2023)

The court held that NIPS did not have to publish a fuller interception policy at common law, but Article 8 required more information about authorisation safeguards.

  • Policy publication
  • Interception of communications
  • Article 8 echr
  • Procedural fairness
  • Prisoner rights
  • Judicial-review
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Public law [2023] NICA 30

Department of Justice and JR123

Department of Justice and JR123 [2023] NICA 30 (03 May 2023)

The Court of Appeal in Northern Ireland held that the Department of Justice misapplied the statutory criteria for licence release and had to reconsider JR123’s application lawfully.

  • Judicial review
  • Prisoner rights
  • Release on licence
  • Judicial-review
  • Prisoner-rights
  • Release-on-licence
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Public law [2022] NIKB 33

Smyth, Re Application for Judicial Review

Smyth, Re Application for Judicial Review [2022] NIKB 33 (09 December 2022)

The High Court refused leave for judicial review over Kilcranny House temporary release, holding there was no duty to issue a written policy and the claim was academic.

  • Temporary release policy
  • Prisoner rights
  • Judicial review procedure
  • Judicial-review
  • Prison-law
  • Temporary-release
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Public law [2021] NIQB 55

Wahab, Re Application for Judicial Review

Wahab, Re Application for Judicial Review [2021] NIQB 55 (21 May 2021)

Judicial review over prison Zoom-visiting hours was dismissed. The court held the virtual visitation policy was proportionate, flexible, and justified by security and operational needs.

  • Article 8 echr
  • Prisoner rights
  • Virtual visitation policy
  • Proportionality
  • Judicial review
  • Bail conditions
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Prison law [2019] NIQB 73

McConville, Re Judicial Review

McConville, Re Judicial Review [2019] NIQB 73 (6 June 2019)

Leave to seek judicial review was stayed where a prisoner’s complaint about access to library and educational materials had not yet gone through available alternative remedies.

  • Prisoner rights
  • Access to education
  • Judicial review
  • Exhaustion of remedies
  • Judicial-review
  • Prison-law
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Public law [2018] NIQB 29

Coyle's (Gavin) Application v Parole Commissioners for Northern Ireland

Coyle's (Gavin) Application v Parole Commissioners for Northern Ireland [2018] NIQB 29 (23 March 2018)

The court dismissed Gavin Coyle’s judicial review challenge to the Parole Commissioners’ decision, finding no procedural unfairness or failure to consider relevant matters.

  • Parole
  • Judicial review
  • Prisoner rights
  • Judicial-review
  • Prisoner-rights
  • Public-law
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Public law [2015] NIQB 19

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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Public law [2014] NIQB 105

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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Human rights law [2014] NIQB 50

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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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.