McCafferty’s Application (Terence) (leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 16 June 2009 |
| Neutral Citation | [2009] NIQB 59 |
| Date | 16 June 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2009] NIQB 59 Ref:
WEA7551
Judgment: approved by the Court for handing down Delivered:
16/06/2009
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
McCafferty’s Application (leave stage) [2009] NIQB 59
AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY
TERENCE McCAFFERTY
________
WEATHERUP J
[1] This is an application for leave to apply for judicial review of a decision
of the Secretary of State of 18 December 2008 to revoke the licence of the
applicant and to recall him to HMP Maghaberry. Mr O’Donoghue QC
appeared for the applicant, Mr Maguire QC for the respondent, the Secretary
of State, and Mr Sayers for the Remission of Sentence Commissioner.
[2] The Northern Ireland (Remission of Sentences) Act 1995 provides for
the release on licence of persons subject to restricted remission, namely
persons who have been sentenced for scheduled offences to which section 79
of the Terrorism Act 2000 applies.
Section 1(3) of the 1995 Act provides that the Secretary of State may
revoke a person’s licence under the section if it appears to him that the
person’s continued liberty would represent a risk to the safety of others or
that he is likely to commit further offences. A person whose licence is revoked
shall be detained in pursuance of his sentence and if at large be deemed to be
unlawfully at large.
Section 1(4) provides that if a person’s licence is revoked he may make
representations in writing to the Secretary of State about the revocation and
he shall as soon as practicable be informed of the reasons for the revocation
and of his right to make representations.
[3] The Secretary of State introduced ‘Additional Safeguards in Relation
to the Revocation of Licences under The Northern Ireland (Remission of
Sentences) Act 1995’.
Paragraph 1 provides that the Secretary of State will appoint a
Commissioner who holds or has held judicial office to consider and advise
him on any representations made by the recalled prisoner.
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McCafferty (Terence Damien Patrick) v Secretary of State for Northern Ireland
...plaintiff also brought an application for judicial review on four separate grounds, obtaining leave to apply in relation to one ground ([2009] NIQB 59). In addition to pursuing those proceedings the plaintiff made representations to the Secretary of State under Section 1(4) of the Northern ......