In the matter of an application by John Swift for Judicial Review of the Decision of the Prison Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 07 January 2005 |
| Neutral Citation | [2005] NIQb 1 |
| Date | 07 January 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2005 |
1
Judicial review – house leave – whether decision unfair – procedural fairness –
security assessment – whether prisoner had right to make representations – whether
deprived of opportunity to comment on security assessment.
Neutral Citation No. [2005] NIQB 1
Ref:
GIRC5165
Judgment: approved by the Court for handing down
Delivered:
07/01/2005
(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 JOHN SWIFT
FOR JUDICIAL REVIEW OF THE DECISION OF THE PRISON SERVICE
OF NORTHERN IRELAND
________
GIRVAN J
[1] In this judicial review application the applicant John Swift, a sentenced
prisoner, challenges a decision by the Prison Service of Northern Ireland (“the
Prison Service”) refusing him home leave to attend his daughter’s First Holy
Communion on 29 May 2004. The applicant was sentenced to 13 years
imprisonment on 31 May 2002 for possession of explosives with intent to
endanger life. He is currently serving his sentence at HM Prison Maghaberry.
[2] On 10 January 2004 the applicant initially sought temporary relief on
foot of the Compassionate Temporary Release Scheme to attend the service.
He was informed on 28 January 2004 that his application did not fall within
the ambit of the Compassionate Temporary Release Scheme because that was
designed to allow prisoners the opportunity to visit members of their
immediate family who were critically ill or to attend their funerals. The
scheme did not extend to Holy Communion. The Prison Service considered
the application under the wider provisions of rule 27 under which a prisoner
may be temporarily released under the Rules for any special purpose or to
enable him to have medical treatment, to engage in employment, to receive
instruction or training or to assist him in the transition from prison to outside
life. The Prison Service was not persuaded that the reasons given for
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