CD's Application [No. 2]
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 23 January 2009 |
| Neutral Citation | [2009] NIQB 5 |
| Date | 23 January 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
1
Neutral Citation No.: [2009] NIQB 5 Ref:
WEA7373
Judgment: approved by the Court for handing down Delivered:
23/01/2009
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
CD’s Application [No. 2] [2009] NIQB 5
AN APPLICATION FOR JUDICIAL REVIEW BY
CD (No.2)
________
WEATHERUP J
[1] This is an application for judicial review of a decision of 20 March 2008
of the Life Sentence Review Commissioners (now the Parole Commissioners
from 15 May 2008) by which the Commissioners failed to direct the release on
licence of the applicant, a life sentence prisoner. Mr Hutton appeared for the
applicant, Mr Larkin QC and Mr Sayers appeared for the respondent, the
Parole Commissioners, and Mr Maguire QC appeared for the notice party, the
Secretary of State.
[2] The applicant was convicted of murder on 16 September 1982 and was
sentenced to life imprisonment. On 26 April 1996 the applicant was released
on licence under section 23(1) of the Prison Act (Northern Ireland) 1953. On 5
March 1997 the applicant was arrested for alleged sexual offences against two
young girls and on 7 March 1997 his licence was revoked by Order of the
Secretary of State under section 23(2) of the Prison Act (Northern Ireland)
1953. Charges against the applicant in relation to the alleged sexual offences
were withdrawn by the Director of Public Prosecutions on 13 January 1998.
The applicant remained in detention under the sentence of life imprisonment.
Life Sentences (Northern Ireland) Order 2001
[3] The Life Sentences (Northern Ireland) Order 2001 came into effect on 8
October 2001. The 2001 Order established the Life Sentence Review
Commissions and provided for new procedures for the judicial setting of
tariffs/ minimum terms for life sentence prisoners. Article 3 (4) required the
Commissioners to have regard in particular in the need to protect the public
from serious harm from offenders, the desirability of preventing the
To continue reading
Request your trial
1 cases