JR123 Application for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 01 November 2021 |
| Neutral Citation | [2021] NIQB 97 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 01 November 2021 |
1
Neutral Citation No: [2021] NIQB 97
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: COL11507
ICOS No: 20/8658/01
Delivered: 01/11/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JR123
FOR JUDICIAL REVIEW
___________
Mr Hugh Southey QC with Mr Stephen J McQuitty (instructed by the NI Human Rights
Commission) for the Applicant
Dr Tony McGleenan QC with Mr Philip McAteer (instructed by the Crown Solicitor’s
Office) for the Respondent
___________
COLTON J
[1] I am obliged to counsel for their able written and oral submissions.
Introduction
[2] The applicant is now 62 years old.
[3] In or around January 1980, the applicant then aged 21 was involved with a
group of young men in the petrol bombing of a house. He was convicted of
possession of a petrol bomb, for which he received a four year prison sentence, and
arson for which he received a five year prison sentence. He was also convicted of
two offences of burglary and theft for which he was sentenced to 12 months’
imprisonment in respect of each offence. Those offences preceded the more serious
offences and were served concurrently with the longer sentence related to the attack
on the home.
[4] He was remanded in custody shortly after the commission of the serious
offences in and around February 1980 and remained on remand until November
1980 when he was convicted and became a sentenced prisoner. He was released
from custody in or around September or October 1982, now some 33 years ago.
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[5] In relation to the offence his account is that no-one was injured in the attack
although the property was damaged. It was not a paramilitary attack but appears to
have been motivated by a desire for revenge on the resident of this home for having
given information to police about an earlier burglary wherein some of those
involved in the attack on the house were said to be implicated. The applicant denied
any involvement with this gang or the previous burglary. He was an associate of
one member of the gang and felt pressurised to participate.
[6] Since that time the applicant has had no involvement with the criminal justice
system and has no further convictions. He has sought since his release from prison
to build a life for himself, completing various qualifications and starting a business.
He is actively involved in his local community and has had a partner for about the
last 14 years although he has felt too ashamed of his past to tell her about the
convictions. He has experienced a number of difficulties and negative consequences
of his convictions over the years, for example, in securing employment and
insurance. He finds the process of repeatedly having to disclose the convictions to
be oppressive and shaming.
The Challenge
[7] The applicant seeks judicial review challenging the legality of Article 6(1) of
the Rehabilitation of Offenders (Northern Ireland) Order 1978 (“the 1978 Order”).
The effect of this provision is to prevent his previous convictions from ever
becoming “spent.” He argues that the relevant provision is incompatible with his
right to private and family life under Article 8 of the European Convention on
Human Rights (“ECHR”). By these proceedings he seeks to have the impugned
legislation struck down as incompatible with his Article 8 rights along with
declaratory relief. The applicant is supported in this case, to include financial
support, by the Northern Ireland Human Rights Commission.
[8] The Department of Justice (“the Department”) says that the provisions, which
are in any event already in the process of amendment, are not incompatible with the
Convention.
[9] The applicant’s case is supported by NIACRO and UNLOCK whose
representatives have filed supporting affidavits. NIACRO is a charity which has
been working for 50 years to reduce crime and its impact on people and
communities in Northern Ireland. In the course of its work it supports people who
have been convicted of criminal offences including assistance to support
resettlement, gaining qualifications, preparation for job interviews and employment.
It seeks to influence decision-makers, service providers, community leaders and the
wider public. Part of its work involves offering advice to those on the Working Well
Programme and others about issues around disclosing their criminal record. The
associated Helpline takes calls from any individual seeking advice about what
information they need to disclose to various bodies and individuals including
prospective or current employers, insurance providers, travel visa providers and
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2 cases
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Department of Justice and JR123
...for the applicant to apply to have his conviction deemed to be spent.” The judge expressed his key conclusion with admirable clarity at [2021] NIQB 97, para [102]: “Accordingly, the court is persuaded that it is appropriate to make a declaration to the effect that Article 6(1) of the Rehabi......
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JR123's Application
...[2] The court gave a written judgment in relation to the substantial issues raised in this application on 1 November 2021 (JR123 [2021] NIQB 97). The court granted a judicial review against the Department of Justice (“the Department”) and declared that Article 6(1) of the Rehabilitation of ......