In the matter of an application by C D for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 05 December 2007 |
| Neutral Citation | [2007] NICA 53 |
| Date | 05 December 2007 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2007 |
1
Neutral Citation no. [2007] NICA 53 Ref: KERL4824.T
Judgment: approved by the Court for handing down Delivered: 05/12/07
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
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IN THE MATTER OF AN APPLICATION BY C D FOR JUDICIAL
REVIEW
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Before Kerr LCJ, Campbell LJ and Higgins LJ
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Ex tempore judgment
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KERR LCJ
[1] The appellant has applied for what is described in his skeleton
argument as interim relief. Two species of relief are claimed. The first is that
he should be awarded compensation on the basis that his detention is in
breach of his rights under article 5 (1) of the European Convention on Human
Rights and Fundamental Freedoms. Secondly he applies for bail.
[2] Although this court quashed the decision of the Panel of
Commissioners that it should not recommend the appellant’s release to the
Secretary of State, we specifically rejected the appellant’s claim that his
detention violated article 5 (4) of the Convention. The question whether there
was a violation of article 5 (1) was not raised on the hearing of the appeal.
Indeed, it is not mentioned in the notice of appeal although it featured in the
Order 53 statement. It was not directly in issue before Girvan J, however, and
he made no finding in relation to it.
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Re Cd (No 2)
...that Art 5(1) ECHR was breached such that compensation or bail could be sought Facts : CD, a life sentence prisoner r Neutral Citation : [2007] NICA 53 Court and Reference: Court of Appeal (Northern Ireland), : Kerr LCJ, Campbell LJ, Higgins J Re CD (No 2) Issues : Whether the finding that......