Hutchings' (Dennis) Application

JurisdictionNorthern Ireland
CourtQueen's Bench Division (Northern Ireland)
JudgeGillen LJ
Judgment Date2017
Neutral Citation[2017] NIQB 121
Date20 December 2017
1
Neutral Citation No: [2017] NIQB 121
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: GIL10486
Delivered: 20/12/2017
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY DENNIS HUTCHINGS
FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION BY THE DIRECTOR OF PUBLIC
PROSECUTIONS SERVICE OF NORTHERN IRELAND MADE ON
20 APRIL 2016 AND COMMUNICATED ON 5 MAY 2017
_________
Before: Stephens LJ and Sir John Gillen
________
SIR JOHN GILLEN (giving the judgment of the court)
Introduction
[1] The applicant Dennis Hutchings was in 1974 a serving soldier with the Life
Guards Regiment. Two charges have been preferred against him namely
attempted murder and attempted grievous bodily harm with intent relating to the
death by shooting of John Patrick Cunningham (“the deceased”) on 15 June 1974
near Benburb, County Armagh.
[2] Those proceedings are currently at an interlocutory stage before the
Crown Court in Belfast.
[3] On 20 April 2016 the Director of Public Prosecutions (“DPP” or “the
Director”) issued a Certificate under section 1 of the Justice and Security (Northern
Ireland) Act 2007 (“the 2007 Act”) (“the Certificate”).
[4] The effect of a Certificate is to prevent the applicant being tried by a jury and
instead requires that he be tried by judge alone.
[5] The grounds of relief are set out at paragraph 5 of the Order 53 statement of
the applicant and in terms are:
2
That the Director erred in law and/or exceeded his jurisdiction by
issuing the Certificate.
That the Director acted in breach of his duty to act in a procedurally
fair manner.
That the decision was Wednesbury unreasonable.
That the decision was in breach of the legitimate expectation of the
applicant that the Director would conduct a rigorous scrutiny.(The
concept of legitimate expectation was not pursued by Mr Power QC at the
hearing before this court )
That the Director misdirected himself as to the appropriate legal
principles which applied.
[6] The applicant seeks to quash the decision of the Director together with an
order that the Director reconsider the decision in accordance with any judgment or
direction of this court.
[7] Mr Power QC appeared on behalf of the applicant with Mr Turkington.
Mr Simpson QC appeared on behalf of the respondent. We are grateful for the
assistance which both counsel gave to us in the course of the written skeleton
arguments and the oral submissions.
Background facts
[8] The relevant background facts are those set out in paragraph 5.2 of the
respondent’s skeleton argument as follows:
(1) That in 1974 there was a sustained campaign of violence undertaken by
members of a proscribed organisation, the Provisional IRA.
(2) This campaign involved, inter alia, attacks on security forces, which
inevitably included members of the British Army.
(3) In addition, at that time attacks were also mounted against, inter alia,
persons believed to be members of unlawful organisations on the
Loyalist side.
(4) Those attacks were mounted by use of weapons and explosives.
(5) A detachment of the Life Guards, a unit of the British Army, was
stationed in the area in question.

To continue reading

Request your trial
1 cases
  • An application by Dennis Hutchings for Judicial Review
    • United Kingdom
    • Supreme Court
    • 6 Junio 2019
    ...[2019] UKSC 26 Supreme Court Trinity Term On appeal from: [2017] NIQB 121 Lord Reed, Deputy President Lord Kerr Lady Black Lord Lloyd-Jones Lord Sales In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland) Appellant James Lewis QC Ian Turkington (Instruct......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT