Conway's (Kevin) Application
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 30 March 2022 |
| Neutral Citation | [2022] NICA 18 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 30 March 2022 |
1
Neutral Citation No: [2022] NICA 18
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM11806
Delivered: 30/03/2022
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
__________
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY KEVIN CONWAY
FOR JUDICIAL REVIEW
___________
Ivor McAteer QC and David McKeown (instructed by Joe Mulholland & Co) for the
Appellant
Neasa Murnaghan QC and Ashleigh Jones (instructed by the Departmental Solicitor’s
Office) for the Respondent
___________
Before: Treacy LJ & Humphreys J
__________
HUMPHREYS J (delivering the judgment of the court)
Introduction
[1] This is an appeal from a decision of Colton J delivered on 14 December 2021
whereby he dismissed the appellant’s application for judicial review. The
application arose out of the calculation of the appellant’s custody expiry date (‘CED’)
by the Northern Ireland Prison Service, the respondent.
[2] Four separate sentences of imprisonment were imposed upon the appellant
between 5 November 2020 and 19 March 2021. Each of these sentences was
concurrent with the others.
[3] We set out in tabular form the nature and effect of each of those sentences.
The CED in each case is the one calculated by the respondent.
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McCann's (Darryl) Application and in the matter of a decision of the Northern Ireland Prison Service
...McCloskey LJ’s judgment in Re Allen’s Application [2020] NICA 40; and see para [21] of Humphreys J’s judgment in Re Conway’s Application [2022] NICA 18. [17] Where an accused is remanded in custody in relation to a variety of different cases at the one time but is not sentenced, an issue ma......