Smyth's (Kieran) Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy LJ |
| Judgment Date | 19 November 2021 |
| Neutral Citation | [2021] NICA 70 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 19 November 2021 |
1
Neutral Citation No: [2021] NICA 70
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: TRE11663
ICOS No:
Delivered: 19/11/2021
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
IN THE MATTER OF AN APPLICATION BY KIERAN SMYTH
FOR JUDICIAL REVIEW
Appellant
and
AND IN THE MATTER OF DECISIONS OF THE SECRETARY OF STATE
FOR NORTHERN IRELAND
Respondent
________
Before: Treacy LJ, McCloskey LJ and McBride J
________
Desmond Fahy QC and Malachy McGowan BL (instructed by Phoenix Law, Solicitors) for
the Appellant
Peter Coll QC and David Reid BL (instructed by the Crown Solicitor’s Office) for the
Respondent
________
TREACY LJ (delivering the judgment of the Court)
Introduction
[1] This is an appeal from a decision of Colton J dismissing the appellant’s
application for judicial review of a decision of the Secretary of State (“the SoS”)
whereby his licence was revoked and he was recalled to prison. At the conclusion of
the hearing we unanimously dismissed the application.
Factual Background
[2] On 21 April 2015 at Newtownards Crown Court the appellant was sentenced
to a determinate custodial sentence of 12 years’ imprisonment as a result of his plea
of guilty to offences including robbery, carrying a firearm or imitation firearm with
2
intent to commit an indictable offence, three counts of false imprisonment and
aggravated vehicle taking.
[3] On 14 September 2019 he was released on licence pursuant to Article 17(1) of
the Criminal Justice (Northern Ireland) Order 2008 (“the 2008 Order”). His licence
was due to expire on 14 September 2025. On 27 March 2020 the SoS revoked his
licence and he was recalled to prison.
Chronology
[4] The chronology of events leading to the appellant’s recall were described as
follows by Colton J:
“[11] The chronology that led to the SOS’s decision is
taken from two affidavits from Mr Mark Larmour who is
a Director with responsibility for political stability and
national security in the Northern Ireland Office. From
those affidavits and the exhibits attached, the following
emerges.
[12] On 25 March 2020, a caseworker in the NIO
received information from MI5 or PSNI indicating that an
individual (the applicant) was in breach of his licence, or
poses a risk of harm to the public and should be recalled
to prison. The material in support was hand delivered.
[13] On the same date, the caseworker contacts the
Parole Commissioners for Northern Ireland (“PCNI”)
Secretariat to advise that a commissioner will be required
to attend Stormont House to view the sensitive
information and draft a recommendation.
[14] On the same date, referral papers are sent to the
PCNI Secretariat.
[15] On 26 March 2020, the commissioner attends
Stormont House to review documents between
approximately 11.00am and 12.30pm.
[16] On 27 March 2020 the timeline of events was as
follows:
(a) 09:39 – an email from the PCNI Secretariat to the
Northern Ireland Office was received (TAB 3,
pages 433-434 with a recommendation from the
Single Parole Commissioner attached, in which he
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