Williamson's (Andrew) Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup LJ |
| Judgment Date | 28 June 2017 |
| Neutral Citation | [2017] NIQB 63 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 28 June 2017 |
1
Neutral Citation No: [2017] NIQB 63
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: WEA10338
Delivered: 28/06/2017
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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BEFORE A DIVISIONAL COURT
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AN APPLICATION BY ANDREW WILLIAMSON FOR JUDICIAL REVIEW
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Before: Morgan LCJ, Weatherup LJ and McBride J
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WEATHERUP LJ (delivering the judgment of the court)
[1] This is an application for Judicial Review of decisions of the Northern Ireland
Prison Service (NIPS) and the Probation Board for Northern Ireland (PBNI) on 9 June
2016 refusing the applicant credit for a period served on remand in custody against
the licence period imposed as part of a determinate sentence of imprisonment. At
the conclusion of the hearing the Court declared that the applicant was to be treated
as no longer on licence and the reasons for that conclusion are set out below. Ms
Doherty QC and Ms Rooney appeared for the applicant and Ms Murnaghan QC and
Ms McMahon appeared for the respondent.
[2] The applicant was arrested on reasonable suspicion of sexual activity with a
child. On 11 June 2013 he was remanded into custody and remained in custody for 2
years and 9 months. On 26 January 2016 he was convicted of an offence under
Article 16 of the Sexual Offences (Northern Ireland) Order 2008. On 23 March 2016
he was granted bail and released from custody. On 8 April 2016 His Honour Judge
Fowler QC sentenced the applicant to a determinate custodial sentence of 3 years, of
which 18 months was to be served in custody and 18 months on licence.
[3] On being sentenced the applicant had already served 2 years and 9 months in
custody and therefore had no further period to serve in custody. There remained the
matter of the 18 months licence period. The applicant contended that the period
spent in custody should also be credited against the licence period so that the
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McConville's (Conor) Application
...licence period for the Crown Court matters applying the ruling of this court in An Application by Andrew Williamson for Judicial Review [2017] NIQB 63 (i.e. credit for a relevant period in custody applies to both the custody period and the licence period of the sentence of imprisonment). Th......