In the matter of Conor Casey and the Governor of HMP Maghaberry
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 13 April 2005 |
| Neutral Citation | [2005] NIQB 31 |
| Date | 13 April 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2005 |
1
Neutral Citation No. [2005] NIQB 31 Ref:
DEEF5102
Judgment: approved by the Court for handing down Delivered:
13/04/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
IN THE MATTER OF CONOR CASEY AND THE GOVERNOR OF
HMP MAGHABERRY
_________
DEENY J
[1] The applicant is a prisoner serving a sentence at HM Prison
Maghaberry. He seeks judicial review of para. 4.8 of the Prison Service
Standing Orders regarding craft works produced by prisoners including the
applicant. Mr Frank O’Donoghue QC who appeared for the applicant with
Mr Neil Fox made clear at the commencement of his submissions that he was
proceeding on the narrow ground that sub-paragraph (c) of paragraph 4.8 of
the Northern Ireland Prison Service Standing Orders was in breach of the
applicant’s human rights under Article 10 and Article 14 of the European
Convention on Human Rights and it was therefore unlawful. This accorded
with the view of Mr Justice Kerr in granting leave, I was told by Mr Paul
Maguire, who appeared for the Prison Service, in that he had made it clear at
that time that he was giving leave to review the policy and not individual
incidents in which particular craft works produced by the applicant had been
confiscated or not forwarded to the outside world.
[2] The craft works in question are known as cell crafts for the obvious
reason that they are produced by the prisoner in his cell rather than in some
group or workshop activity. They are sufficiently well established to have a
section to themselves in the Northern Ireland Prison Service Standing Orders.
I set out paragraph 4.8 in full.
“4.8 CELL CRAFT ACTIVITIES
The Governor may as a privilege allow prisoners to
engage in cell craft activities in the prisoner’s own cell
or in other designated areas.
Approved materials, tools and equipment for cell
craft activities may be supplied by the Governor or
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