In the matter of an application by John Adair for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Carswell LCJ |
| Judgment Date | 18 February 2003 |
| Neutral Citation | [2003] NIQB 16 |
| Date | 18 February 2003 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2003 |
1
Neutral Citation No [2003 NIQB 16 Ref:
CARF3873
Judgment: approved by the Court for handing down Delivered:
18.02.2003
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_____
IN THE MATTER OF AN APPLICATION BY JOHN ADAIR FOR
JUDICIAL REVIEW
_____
CARSWELL LCJ
[1] In this application the applicant seeks judicial review of a decision by
the respondent to the application, the Secretary of State for Northern Ireland,
made pursuant to section 1(4)(b) of the Northern Ireland (Remission of
Sentences) Act 1995, whereby he revoked the licence granted to the applicant
on his release from prison on 15 May 2002 and recalled him to prison.
[2] I can deal briefly with the preliminary issue of the constitution of the
court. Under RSC (NI) Order 53, rule 2 in a criminal cause or matter the
jurisdiction of the court on or in connection with an application for judicial
review is to be exercised by a Divisional Court consisting of not less than two
judges. In Re Coleman’s Application [1988] NI 205 the Court of Appeal adopted
the opinion expressed in R v Hull Prison Board of Visitors, ex parte St Germain
[1979] QB 425 at 453 that “to stamp proceedings as being of a criminal nature
there must be in contemplation the possibility of trial by a court for some
offence”; cf also Amand v Home Secretary [1943] AC 147 at 156, per Viscount
Simon. Applying this test, I should be prepared to hold that the present issue
was not a criminal cause or matter, on the ground that although the applicant
was imprisoned for a criminal offence his licence and recall were a
subsequent issue, which was not itself a matter which could lead to a criminal
trial for an offence. My jurisdiction to hear the application as a single judge
was, however, put beyond doubt by the parties’ consent to my doing so,
pursuant to Order 53, rule 2(6).
[3] In September 1995 the applicant was convicted of an offence of directing
terrorism and sentenced to a term of sixteen years’ imprisonment. In March
1999 he was released on licence under the accelerated release provisions
contained in the Northern Ireland (Sentences) Act 1998. In August 2000 the
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