R (Diamond and Fleming) v Warnock
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1946 |
| Date | 01 January 1946 |
| Court | King's Bench Division (Northern Ireland) |
- Applications on behalf of Member of Parliament and prisoner's sister - Interest - Directed to Minister of Home Affairs - Improperly directed - Prisoners (Temporary Discharge for Ill health) Act, 1913 (3 Geo. 5, c. 4), section 1 - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 8 -Irish Free State (Consequential Provisions) Act, 1933 (13 Geo. 5, sess. 2, c. 2), First Schedule.
A convict serving a sentence of penal servitude for treason-felony went on hunger strike. On a motion made on behalf of a Member of Parliament and the sister of the convict for a writ of mandamus directed to the Minister of Home Affairs for Northern Ireland ordering him to release the convict forthwith in the exercise of his powers under the Prisoners (Temporary Discharge for Ill-health) Act, 1913. Held, that the application must be refused because: (1) neither applicant had a locus standi to move for the issue of the writ; (2) the writ of mandamus does not issue against a Minister of the Crown; (3) the Act of 1913 is not imperious or mandatory, and the power...
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State (King) v Minister for Justice
...R. v. Powell (1841) 1 Q.B. 352. 4 R. v. Lords Commissioners of the Treasury (1872) L.R. 7 Q.B. 387. 5 R. (Diamond & Fleming) v. Warnock [1946] N.I. 171. 6 Byrne v. Ireland [1972] I.R. 241. Mandamus. On the 23rd July, 1973, Finlay J. (as he then was) made an order, on the application of the ......
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King & Goff v Minister for Justice
...application for the writ against the Minister of Home Affairs in Northern Ireland was unsustainable R. (Diamond and Fleming) .v. Warnock (1946) N.I. 171. In his judgment in that case Andrews L.C.J. cited the decisions to which I have earlier referred and also noted a statement to the same e......