Paul Magennis and Northern Ireland Courts and Tribunal Service
| Jurisdiction | Northern Ireland |
| Judge | Mr Simpson KC sitting as HCJ |
| Judgment Date | 27 January 2022 |
| Neutral Citation | [2022] NIQB 6 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 27 January 2022 |
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Neutral Citation No: [2022] NIQB 6
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: SIM11727
ICOS No: 2017/91359
Delivered: 27/01/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
___________
Between:
PAUL MAGENNIS
-and-
NORTHERN IRELAND COURTS AND TRIBUNALS SERVICE
___________
Frank O’Donoghue QC and David Heraghty, of counsel (instructed by Trevor Smyth & Co) for
the Plaintiff
Paul McLaughlin QC and Michael Neeson, of counsel (instructed by Departmental Solicitor’s
Office) for the Defendant
___________
SIMPSON J
I Introduction
[1] Although rare nowadays, many years ago in the Petty Sessions a resident
magistrate could often be heard to say to a defendant: “Fined £10, with 7 days in default.”
Such a statement may well have meant little to those members of the public present in
court, but its significance was that a failure to pay the fine (i.e. default) by the defendant
would result in his being imprisoned for 7 days. It remains the position today that if a
person is fined in the Magistrates’ Court a failure to pay that fine can lead to a period of
imprisonment.
[2] That is what happened to the plaintiff in this case, on two occasions.
[3] On 28 March 2011 at Belfast Magistrates’ Court he pleaded guilty to an offence of
criminal damage and was fined £200. The default period was 14 days. Despite warning
letters sent to him, the plaintiff failed to pay. A warrant of commitment issued on
12 September 2011, PSNI executed the warrant on 17 November 2011, and he was taken to
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Hydebank Wood Young Offenders’ Centre. With appropriate remission he was released
from custody on 23 November.
[4] On 24 June 2011 the plaintiff pleaded guilty to an offence of theft. He was fined
£250 with 14 days in default of payment. Again, despite warning letters sent to him he
failed to pay. A warrant of commitment was issued on 6 December 2011. On foot of the
warrant he was detained on 18 August 2012. He was taken to Hydebank on 20 August
2012. He was released on 24 August.
[5] As far as the plaintiff was concerned, matters rested there.
II re McLarnon and others
[6] On 22 March 2013 the Divisional Court (Morgan LCJ, Girvan LJ, Treacy J) gave
judgment in the case of Re McLarnon, McKeown and Chakravarti’s Applications for Judicial
Review [2014] NI 73 (hereafter “McLarnon” or “McLarnon and others”). Girvan LJ gave the
judgment of the court. While the initial judicial review application was based on the delay
between the date of issue of warrants of commitment and the date of execution of the
warrants, the Court identified a prior question — namely, the lawfulness of the warrants
of commitment issued by the Northern Ireland Courts and Tribunals Service (hereafter
“Court Service”) under the arrangements then in place.
[7] Those arrangements (which were the arrangements in place when the plaintiff was
fined) were set out in detail in paragraph 8 of the Divisional Court’s judgment.
“(a) When imposing a fine or other sum adjudged to be paid
on conviction of a defendant the District Judge pursuant to
Article 91 of the Magistrates’ Courts (Northern Ireland) Order
1981 ('the 1981 Order') considers whether to order the
defendant to pay the sum forthwith, allow time for payment or
order payment by instalments.
(b) Generally District Judges do not make any oral
declaration as to the period of imprisonment to be served in
default of payment of the fine imposed. They may on occasion
make reference to a period in default of payment (for example
when the defendant appears in person). There may be a
general reference to imprisonment as a consequence of
non-payment. In the vast majority of cases no reference is
made in open court to the imposition of specific periods of
imprisonment in default of payment.
(c) Schedule 3 of the 1981 Order specifies the maximum
period of imprisonment which may be imposed for
non-payment of a fine of the amount shown in the schedule. It
is a maximum and thus the court will ultimately have to
exercise a judicial discretion as to the actual period to be
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