Hart's Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 19 June 2009 |
| Neutral Citation | [2009] NIQB 57 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 19 June 2009 |
1
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Hart’s application [2009] NIQB 57
AN APPLICATION FOR JUDICIAL REVIEW BY
DARREN HART
________
WEATHERUP J
Restriction of Association under Rule 32
[1] This is an application for judicial review of a decision of the Governor
of HMP Magheraberry to place the applicant in the Special Supervision Unit
by imposing Restriction of Association under rule 32 of the Prison and Young
Offenders Centre Rules (Northern Ireland) 1995 and further of the decisions
of the Independent Monitoring Board (IMB) in connection with the applicant
being placed under rule 32. Ms Quinlivan appeared for the applicant, Dr
McGleenan for the Prison Service and Mr Dunlop for the Independent
Monitoring Board.
[2] Rule 32 is not a disciplinary measure but a management measure. It
may be considered when information has been received about a prisoner and
removal from association is in the interests of good order and discipline. The
person providing the information may wish to maintain confidentiality.
Disciplinary procedures will not be appropriate or possible. The prison
authorities have to consider the interests of the prisoner and the person
providing the information and the management of the prison system.
Invoking Rule 32 in the interests of good order and discipline may result in
limited information being disclosed to the prisoner, thus limiting the
prisoner’s right to make representations on the reasons for the decision. In
such circumstances it is essential for the achievement of procedural fairness
that those responsible for the decisions, being the Governors and the staff at
Prison Service headquarters, and the supervision of the system, being the
Neutral Citation No: [2009] NIQB 57 Ref:
WEA7513
Judgment: approved by the Court for handing down Delivered:
19/06/2009
9/06/2009
(subject to editorial corrections)*
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5 cases
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Davidson’s (James) Application
...information to be taken into account before the impugned decision was confirmed. Relying on a number of authorities, in particular Hart [2009] NIQB 57 the applicant also contended that there had been no or insufficient inquisitorial scrutiny of the intelligence information in an effort to c......
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Asia Television Ltd v Communications Authority (Successor Of The Broadcasting Authority
...JR 17’s Application for Judicial Review (education) [2007] NIQB 107 at paras [37] to [43] and Re Hart’s Application for Judicial Review [2009] NIQB 57[38]. In the latter case, which was in the context of prison discipline, Weatherup J summed up the position neatly in this way at para “What ......
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Brockwell's (Derek) Application
...Ireland. Such cases include Re Conlon’s Application 18 [2001] NICA 49; Re Henry’s Application [2004] NIQB 11; and Re Hart’s Application [2009] NIQB 57. [60] In addition to the above there is a recent judgment of the Supreme Court which is of interest: see R (On the Application of Bourgass a......
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McCormick's (Patrick) Application
...that rely on intelligence information was dealt with in this jurisdiction in the case of Re Hart’s Application for Judicial Review [2009] NIQB 57. In that particular context the right to know was described as a “qualified right”. [31] Weatherup J sets out the principle in his judgment as fo......
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