Manning's (Samuel) Application (Leave Stage) and in the decision by Prison Service of Northern Ireland to refuse to allow the applicant compassionate temporary release
| Jurisdiction | Northern Ireland |
| Judge | Fowler J |
| Judgment Date | 25 March 2023 |
| Neutral Citation | [2023] NIKB 36 |
| Date | 25 March 2023 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 36
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: FOW12118
ICOS: 23/26088/01
Delivered: 25/03/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
__________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY SAMUEL MANNING
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW OF:
THE DECISION BY PRISON SERVICE OF NORTHERN IRELAND TO REFUSE
TO ALLOW THE APPLICANT COMPASSIONATE TEMPORARY RELEASE
___________
FOWLER J
[1] The applicant in this case is Samuel Manning, a sentenced prisoner at HMP
Magilligan. On 13 December 2022 he was sentenced to a determinate custodial
sentence of one year six months (nine months custody to be followed by nine
months supervised licence). This related to an offence of possessing Criminal
Property. He has an estimated release date of 9 September 2023. His aunt has
passed away and her funeral service is on Monday 27 March 2023 at 3:30pm at
StPeter’s Cathedral.
[2] The applicant has sought compassionate temporary release (“CTR”) under the
scheme operated by the Northern Ireland Prison Service (“the Prison Service”) by
way of an application dated 22 March 2023. This was refused on 24 March and leave
to apply for judicial review of that decision was heard on Saturday 25 March.
[3] Mr Sean Devine appeared on behalf of the applicant and Mr Summers on
behalf of the Northern Ireland Prison Service.
[4] On 21 June 2018 police searched the applicant’s home and recovered 18,936.60
(GBP), 14,156.64 (Euro) and 168 (USD). Forensic examination of his bank account
revealed unaccounted for cash deposits of 61,020 (GBP). During the material period
of the deposits the applicant was unemployed and claiming benefits. He had a
lifestyle well above his income. During interview he declined to answer any
questions. He was indicted on a charge of Possessing Criminal Property and
pleaded guilty.
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