Coll (Edward) Walmsley (Mary) and Walmsley (Desmond Junior)’s Applications
| Jurisdiction | Northern Ireland |
| Judge | Morgan J |
| Judgment Date | 20 May 2009 |
| Neutral Citation | [2009] NIQB 47 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 20 May 2009 |
1
Neutral Citation No.: [2009] NIQB 47 Ref:
MOR7512
Judgment: approved by the Court for handing down Delivered:
20/05/09
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN'S BENCH DIVISION (JUDICIAL REVIEW)
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Coll (Edward) Walmsley (Mary) and Walmsley (Desmond Junior)’s
Application for Judicial Review [2009] NIQB 47
AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY
EDWARD COLL, MARY WALMSLEY AND DESMOND WALMSLEY
JUNIOR
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AND IN A MATTER OF DECISIONS TAKEN BY THE MINISTRY OF
JUSTICE DATED 18 JULY 2008 AND 30 JANUARY 2009
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MORGAN J
[1] The first named applicant was convicted in England of 2 offences of
wounding with intent. As a result of his previous convictions he received an
automatic life sentence under the sentencing regime then in operation. His
minimum period of custody was set at 3½ years and expired in September
2006. He initially served a sentence in England in HMP Swaleside but
applied for and was granted a transfer to Maghaberry in June 2006. The
relevant provisions governing the transfer prisoners within the British Isles
are contained in the Crime (Sentences) Act 1997 in Schedule 1. In particular
paragraph 5 of Schedule 1 provides that the transfer shall have effect subject
to such conditions as the Secretary Of State may think fit to impose. In this
case it was a condition that the transfer was a restricted transfer so that the
applicant was treated as if he were still subject to the provisions applicable
under the law of the place from which the transfer was made and as a result
he remained liable under paragraph 7 of Schedule 1 to be transferred back to
the country from which he was transferred.
[2] The written terms of transfer were provided to the applicant in a
document dated 12 January 2006 and included the following.
"You will be expected to comply fully with the rules
and regimes of any establishment in which you may
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Campbell’s (Glen) Application
...Morgan J gave a decision in an application for leave for judicial review by Edward Coll, Mary Walmsley and Desmond Walmsley Junior in [2009] NIQB 47. The facts of that case are similar in that the prisoner had been transferred to Northern Ireland subject to conditions which included one of ......