McManus's (Gerard) Application
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 26 January 2017 |
| Neutral Citation | [2017] NIQB 10 |
| Date | 26 January 2017 |
| Year | 2017 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2017] NIQB 10
Ref:
COL10162
Judgment: approved by the Court for handing down
Delivered:
26/1/2017
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY GERARD McMANUS
FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS OF THE PROBATION BOARD
FOR NORTHERN IRELAND AND THE DEPARTMENT OF JUSTICE
AND IN THE MATTER OF AN APPLICATION BY KEITH McCONNAN
FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS OF THE PROBATION BOARD
FOR NORTHERN IRELAND AND THE DEPARTMENT OF JUSTICE
________
COLTON J
[1] Both of the applicants in this case received determinate custodial sentences
(“DCS”) and have been released on licence pursuant to Article 17 of the Criminal
Justice (Northern Ireland) Order 2008 (“the 2008 Order”).
[2] Each of the applicants are subject to licence conditions under the provisions of
Article 24 of the 2008 Order. These conditions include standard conditions
prescribed by rules and an additional condition in relation to not engaging in
paramilitary activities or participation in any organisation that supports, directs,
authorises or controls such activities.
[3] The respondents have interpreted these conditions in such a way as to require
the applicants to reside in United Kingdom during the period of their licence. Both
applicants through these proceedings challenge the respondent’s refusal to permit
them to reside in the Republic of Ireland while they are subject to licence conditions.
The respondents say that under the relevant legislation they have no discretion to
permit the applicants to reside in the Republic of Ireland.
[4] I have been provided with very helpful detail in respect of both applicants
which sets out the background to their personal circumstances. They say that those
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