Re Austin
| Jurisdiction | Northern Ireland |
| Court | Queen's Bench Division (Northern Ireland) |
| Judgment Date | 01 January 1998 |
| Date | 01 January 1998 |
- Judicial review - Imposition of special conditions on undertaking to be made prior to temporary release - Applicant challenging imposition of special conditions - Whether conditions interfering with applicant's freedom of expression justifiable - Whether imposition of conditions unlawful or Wednesbury irrational.
The applicant, a member of the Progressive Unionist Party, was detained at HM Prison, The Maze, serving a sentence of ten years' imprisonment for explosive offences. He instituted proceedings for the purpose of seeking judicial review of a decision by the Northern Ireland Prison Service to refuse to extend to him the privilege of temporary release in accordance with r. 27 of the Prison and Young Offenders Centre Rules (Northern Ireland), 1995, unless he undertook to comply with certain written conditions. Those conditions included an undertaking not to return to the prison under the influence of alcohol or drugs, to conduct himself at all times...
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Breathnach v Minister for Justice
...directions. The State (Daly) v. Minister for Agriculture [1987] I.R. 165 distinguished. Cases mentioned in this report:- In re Austin [1998] N.I. 327. Kinahan v. Minister for Justice [2001] 4 I.R. 454. McHugh v. Minister for Justice [1997] 1 I.R. 245. Murray & Murray v. Ireland [1991] I.L.R......