CD's Application
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 06 September 2007 |
| Neutral Citation | [2007] NICA 33 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 06 September 2007 |
1
Neutral Citation no. [2007] NICA 33
Ref:
KERF5921
Judgment: approved by the Court for handing down
Delivered:
06/09/07
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN
NORTHERN IRELAND
________
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY CD
AND IN THE MATTER OF A DECISION TAKEN BY THE LIFE
SENTENCE REVIEW COMMISSIONERS ON 3 AUGUST 2005
AND IN THE MATTER OF THE HEARING OF A REFERRAL BY THE
LIFE SENTENCE REVIEW COMMISSIONERS IN THE CASE OF CD
AND IN THE MATTER OF THE LIFE SENTENCES
(NORTHERN IRELAND) ORDER 2001
________
Before Kerr LCJ, Campbell LJ and Higgins LJ
________
KERR LCJ
Introduction
[1] The appellant is a life sentenced prisoner. He was released on licence in
1996 and recalled to prison for alleged breach of his licence in 1997. He
appeals from a judgment of Girvan J dismissing his application for judicial
review of the decision of Life Sentence Commissioners on 3 August 2005 not
to direct his release from prison.
[2] The appeal gives rise to a number of issues: the standard of proof required
to establish serious criminal allegations made in proceedings before the
Commissioners; whether cross-examination of witnesses on key issues is
necessary for such proceedings to be compliant with the European
Convention on Human Rights and Fundamental Freedoms (ECHR); and the
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