McClean's Application
| Jurisdiction | Northern Ireland |
| Judge | Coghlin J |
| Judgment Date | 2003 |
| Neutral Citation | [2003] NIQB 32 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 15 May 2003 |
Neutral Citation No. [2003] NIQB 32 Ref:
COGC3910
Judgment: approved by the Court for handing down Delivered:
15/05/2003
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (CROWN SIDE)
________
IN THE MATTER OF AN APPLICATION BY STEPHEN JAMES
McCLEAN FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE
SENTENCE REVIEW COMMISSIONERS
________
COGHLIN J
[1] In this case the applicant, Stephen James McClean, seeks judicial
review of a decision by the Sentence Review Commissioners (“the
Commissioners”) communicated to the applicant by correspondence dated 23
April 2002 granting the application by the Secretary of State to revoke their
declaration that the applicant was eligible for release in accordance with the
terms of the Northern Ireland (Sentences) Act 1998 (“the 1998 Act”).
[2] The applicant was represented by Mr Treacy QC and Miss Quinlivan
while Mr Larkin QC and Mr Torrens appeared on behalf of the
Commissioners and the notice party, the Secretary of State for Northern
Ireland was represented by Mr Morgan QC and Mr Grant. I am indebted to
all sets of counsel for the preparation of their skeleton arguments and the
clear and concise manner in which they presented their submissions.
Factual background
[3] On 2 February 2000 the applicant, together with another individual,
was convicted of the sectarian murder of Damien Trainor and Philip Allen at
the Railway Bar, Poyntzpass as well as two counts of attempted murder and
one count of possessing firearms and ammunition with intent. He was
sentenced to life imprisonment in respect of each of the counts of murder, 20
years in respect of each of the counts of attempted murder and 15 years in
respect of the count relating to the possession of firearms and ammunition
with intent. The applicant appealed against both the convictions and
sentences but his appeal was dismissed on 28 June 2001.
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The House of Lords and the Northern Ireland Conflict – A Sequel
...8 to theTerrorism Act 2000.134 Formerly s 15(10)-(12) of the EPA1987, now para 9 of Sch 8 to theTerrorism Act 2000.135 [2005] UKHL 46.136 [2003] NIQB 32 (Coghlin J). The same judge also held that s10(7) of the Northern Ireland (Sen-tences) Act1998, as amended by SI 2000/2024, was not ultra ......