Magee’s (Michael Gerard) Application
| Jurisdiction | Northern Ireland |
| Judge | Gillen LJ |
| Judgment Date | 19 December 2014 |
| Neutral Citation | [2014] NIQB 142 |
| Date | 19 December 2014 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2014 |
1
Neutral Citation No. [2014] NIQB 142 Ref:
GIL9479
Judgment: approved by the Court for handing down Delivered:
19/12/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
______
Magee’s (Michael Gerard) Application [2014] NIQB 142
IN THE MATTER OF AN APPLICATION BY MICHAEL GERARD MAGEE
FOR JUDICIAL REVIEW
AND IN THE MATTER OF SECTION 133 OF THE CRIMINAL JUSTICE
ACT 1998
AND IN THE MATTER OF A DECISION OF 8 JANUARY 2014
BY THE DEPARTMENT OF JUSTICE IN NORTHERN IRELAND
_______
GILLEN LJ
Introduction
[1] The applicant is Michael Gerard Magee who in this matter challenges the
decision of 8 January 2014 of the Department of Justice (the respondent) refusing his
application for compensation pursuant to s. 133 of the Criminal Justice Act 1988 (the
1988 Act).
[2] The applicant seeks a declaration that the decision was unreasonable,
unlawful and void and also an order of certiorari quashing the decision of the
Department. Leave was granted by this court on 5 June 2014.
Statutory background
[3] Section 133(1) of the Criminal Justice Act 1988 provides as follows:
“133. Compensation for miscarriages of justice
(1) Subject to subsection (2) below, when a person
has been convicted of a criminal offence and when
subsequently his conviction has been reversed or he
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3 cases
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Magee’s (Gerard) Application
...the judgment of the court) [1] This judgment deals with the appeal by Gerard Magee (the appellant) against the judgment of Gillen LJ, [2014] NIQB 142, dismissing the appellant’s application to quash the decision of the Department of Justice of 8 January 2014 refusing him compensation pursua......
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McNally's (Conor) Application
...refusal gave rise to a further judicial review challenge in 2014. However, that challenge was unsuccessful both before the trial judge ([2014] NIQB 142 per Gillen LJ) and before the Court of Appeal ([2016] NICA 19 per Deeny J). At both levels it was held that the facts of the case leading t......
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Adams (Gerard) Application for Judicial Review and in the matter of a decision of the Department of Justice
...refusal gave rise to a further judicial review challenge in 2014. However, that challenge was unsuccessful both before the trial judge ([2014] NIQB 142 per Gillen LJ) and before the Court of Appeal ([2016] NICA 19 per Deeny J). At both levels it was held that the facts of the case leading t......