Magee's (Eamonn) Application
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Neutral Citation | [2017] NIQB 66 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 09 June 2017 |
1
Neutral Citation No: [2017] NIQB 66
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: STE10352
Delivered: 09/06/2017
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY EAMONN MAGEE
FOR JUDICIAL REVIEW
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STEPHENS J
Introduction
[1] This is an application brought by Eamonn Magee (“the Applicant”) seeking
leave to bring a judicial review application in relation to the decision of the Director
of Public Prosecutions for Northern Ireland not to refer to the Court of Appeal under
Section 36 of the Criminal Justice Act 1988 as amended the tariff imposed by
Mr Justice Treacy on 12 May 2017 on Orhan Koca for the offence of the murder of the
applicant’s son who was also called Eamonn Magee.
[2] Notice of an Application for Leave to refer the tariff to the Court of Appeal
must be given within 28 days of the sentence. The time within which notice of a
referral can be given expires at 4 pm today Friday 9 June 2017. What is suggested on
behalf of the applicant is that in addition to granting leave this court as an interim
measure should order the Director of Public Prosecutions to lodge a provisional
referral notice until the applicant’s case in this judicial review application is
resolved.
[3] This matter is a criminal cause or matter and accordingly in accordance with
Order 53 it is to be heard by a Divisional Court and the Divisional Court shall consist
of three judges, or if the Lord Chief Justice directs, two judges. However, Section 16
of the Judicature Act (Northern Ireland) 1978 provides that except where a statutory
provision otherwise provides any jurisdiction of the High Court or a division thereof
shall be exercised by a single judge. Order 53 permits a single judge to hear this
application if the parties consent. I enquired of both parties and they both consented
to this application being heard by a single judge.
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1 cases
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Bowden's (Bronagh) Application as Personal Representative of Liam Holden (Deceased) and in the matter of a decision taken by The Department of Justice in Northern Ireland
...that there is good reason for extending the period within which the application shall be made.” [68] In Magee, re Judicial Review [2017] NIQB 66 Stephens J said: “[15] An application for leave to apply for judicial review shall be made promptly and in any event within 3 months from the date......