Cavanagh’s (Mark) Application
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 04 February 2014 |
| Neutral Citation | [2014] NIQB 13 |
| Date | 04 February 2014 |
| Year | 2014 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2014] NIQB 13 Ref:
GIR9136
Judgment: approved by the Court for handing down Delivered:
04/02/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEENS BENCH DIVISION (JUDICIAL REVIEW)
________
Cavanagh’s (Mark) Application [2014] NIQB 13
IN THE MATTER OF AN APPLICATION BY MARK CAVANAGH
FOR JUDICIAL REVIEEW
AND
IN THE MATTER OF THE EXERCISE OF THE POWER CONTAINED IN
SECTION 16 OF THE PRISON ACT (NORTHERN IRELAND)1953
________
Before: Morgan LCJ, Girvan LJ and Gillen J
________
GIRVAN LJ (delivering the judgment of the Court)
Introduction
[1] The applicant is a remand prisoner who seeks judicial review of a decision
made by a Governor at HMP Maghaberry purporting to act under section 16 of the
Prison Act (Northern Ireland) 1953 (“the 1953 Act”) to remove him from HMP
Maghaberry to a PSNI station for interview about offences other than those with
which he had already been charged. It is contended that this should have been
achieved by way of an application pursuant to Article 47(4A) of the Magistrates’
Court (Northern Ireland) Order 1981 (“the 1981 Order”) duly made to Downpatrick
Magistrates’ Court which had remanded him in custody on foot of charges relating
to offences occurring within the County Court Division of Ards.
[2] Mr Macdonald QC appeared with Ms Doherty on behalf of the applicant.
Dr McGleenan QC appeared with Mr McAteer on behalf of the PSNI. Mr McMillen
QC appeared with Ms Murnaghan on behalf of the Prison Service. The court is
indebted to counsel for their helpful and succinct submissions.
To continue reading
Request your trial
1 books & journal articles
-
CITIZEN-INITIATED REFERENDA IN AUSTRALIA: LESSONS FROM NORFOLK ISLAND.
...under the Referendum Act 1964 (NI). The Act was repealed on June 17, 2015, by the Norfolk Island Continued Laws Amendment Ordinance 2015 (NI). (33) Norfolk Island is relevant to the analysis of CIRs in Australia given its original status as a dependency of New South Wales in 1788, its statu......