Sheehy's (John) Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 06 February 2024 |
| Neutral Citation | [2024] NIKB 5 |
| Date | 06 February 2024 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2024] NIKB 5
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12412
Delivered: 06/02/2024
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JOHN SHEEHY
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Michael Halleron (instructed by Brentnall Legal) for the Applicant
Philip McAteer (instructed by the Departmental Solicitor’s Office) for the Proposed
Respondent
___________
HUMPHREYS J
Introduction
[1] On 29 January 2020 the applicant pleaded guilty to terrorism offences,
including conspiracy to possess explosives and firearms with intent to endanger life,
in respect of which he was sentenced to a determinate custodial sentence (‘DCS’) of
six years by Colton J. The learned judge’s sentencing remarks can be found at [2020]
NICC 14 paras [304] to [331].
[2] As a result of the enactment of the Counter Terrorism Sentencing Act 2021,
which introduced a new article 20A into the Criminal Justice (Northern Ireland) Order
2008, the applicant became obliged to serve two thirds of the DCS prior to being
eligible for release, suitability for which is to be assessed by the Parole Commissioners.
Under the previous sentencing regime, the applicant would have been entitled to
automatic release after the expiry of a period of three years.
[3] The applicant’s custody expiry date (‘CED’) is now 22 December 2023 with his
sentence licence expiry date (‘SLED’) 21 December 2025.
[4] This application for leave to apply for judicial review concerns the
arrangements put in place for meetings between the applicant and the Supervising
Officer appointed by the Department of Justice (‘DoJ’) as part of the process leading
to consideration by the Parole Commissioners. In short form, the applicant contends
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