In the Matter of an Application by McR for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr J |
| Judgment Date | 2002 |
| Neutral Citation | [2002] NIQB 58 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 15 January 2002 |
1
Neutral Citation no. (2002) NIQB 58
Ref:
KERF3576
Judgment: approved by the Court for handing down Delivered:
15/01/2002
(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 McR FOR JUDICIAL
REVIEW
________
KERR J
Introduction
The applicant is charged with a number of sexual offences against a
mentally retarded woman. He has applied to proceed with this application
using the initials of his surname only. The respondent did not object to this
course and since disclosure of his full name might lead to the identification of
the woman involved, I ordered that he should be referred to only as “McR”.
The offences with which the applicant is charged are all charges of
attempted buggery contrary to section 62 of the Offences against the Person
Act 1861. By this application he claims that this provision is incompatible
with Article 8 of the European Convention on Human Rights and
Fundamental Freedoms. He seeks a declaration of incompatibility under
To continue reading
Request your trial
2 cases
-
Ghaidan v Godin-Mendoza
......Article 14 comes into play whenever the subject matter of the disadvantage 'constitutes one of the modalities' of the exercise of ...The court's role is one of review. The court will reach a different conclusion from the legislature only ... European Court of Human Rights in Walden v Liechtenstein (application no 33916/96) and Petrovic v Austria (1998) 33 EHRR 307 . In the Walden ... be made prospectively by legislation and not retrospectively by judicial decision. Mr Wallwyn-James died more than two years before the decision in ......
-
Ghaidan v. Godin-Mendoza, [2004] N.R. Uned. 112 (HL)
...[2003] Q.B. 728 Article 6 and Protocol 1 article 1 Penalty Scheme contained in Part II of the Immigration and Asylum Act 1999 R v. McR (2002) NIQB 58 unreported except on the Northern Ireland Court Service website. Article 8 Offences Against the Person Act 1861 s. 62 R (Wilkinson) v. Commis......
4 books & journal articles
-
A Minimalist Charter of Rights for Australia: The UK or Canada as a Model?
...Walker, Lord Hale and Lord Carswell, 16 December 2004) (administrative detention of non-citizens deemed a national security threat). 63 [2002] NIQB 58. 64 Ibid (hearing appeal against conviction for buggery). The High Court in that case not only made a declaration of incompatibility; it als......
-
Declarations of Unconstitutionality in India and the U.k.: Comparing the Space for Political Response
...70. See id. § 10(1).71. Human Rights Act, 1998, c. 42, § 10(2) (U.K.).72. Id. at sched. 2.73. In re Application by McR for Jud. Rev., [2002] NIQB 58 (N. Ir.).74. Int'l Transp. Roth v. Sec'y of State, [2002] EWCA (Civ) 158, [2003] Q.B. 728.75. A v. Sec'y of State, [2004] UKHL 56, [2005] 2 A.......
-
The Challenge Of The ECHR Appendix Declarations Of Incompatibility Under S.4 Of The UK Human Rights Act 1998
...the Mental Health Act 1983 (Remedial) Order 2001 (SI 2001 No.3712) (In force 26 Nov 2001) McR’s Application for Judicial Review (Kerr J) [2003] NI 1 The case concerned a man who was charged with the attempted buggery of woman. He argued that the existence of the offence of attempted buggery......
-
Recent publications by law reform bodies worldwide
...the Mental Health Act 1983 (Remedial) Order 2001 (SI 2001 No.3712) (In force 26 Nov 2001) McR’s Application for Judicial Review (Kerr J) [2003] NI 1 The case concerned a man who was charged with the attempted buggery of woman. He argued that the existence of the offence of attempted buggery......
1 provisions
-
Planning Act (Northern Ireland) 2011
..."Part 3 of the Planning Act (Northern Ireland) 2011". The Strategic Investments and Regeneration of Sites (Northern Ireland) Order 2003 (NI 1)The Strategic Investments and Regeneration of Sites (Northern Ireland) Order 2003 (NI 1) SCH-6.97 In Article 25(2) for "Planning (Northern Ireland) O......