swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Northern Ireland - From: 1992 To: 1992
This page lists 14 cases, and was prepared on 02 April 2018.
Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine (1992) NI 74
1992
CANI
Hutton LJ
Northern Ireland, Coroners
An inquest was held into three deaths thought to be at the hands of British soldiers. The coroner had admitted written evidence from statements taken by British officers on the basis that the makers of the statements were not compellable as witnesses. Held: Judicial review of the coroner's decision was refused.
Hutton LJ said: "in Nash's case the Court of Appeal was strongly influenced by the consideration that at that time a highway authority was not responsible for nonfeasance. Therefore the court considered that it was not the intention of Parliament to make a highway authority liable for an accident where that highway authority was not guilty of misfeasance but only of nonfeasance. Accordingly the court interpreted the word liabilities in such a way as not to make the rural district council responsible in damages for a danger which it did not itself create."
and "We accept counsel's submissions that for the two reasons which he advanced the statements of soldiers A, B and C do not come within the ambit of Rule 17. But we reject his other submission that Rule 17 applies to all documentary evidence and that as the statements do not fall within it the rule prohibits their admission in evidence. We consider that Rule 17 only applies to the type of document described in paragraph (1) viz a document where 'a coroner considers that the attendance as a witness by the maker of the document is unnecessary' . . In other words the document appears to the coroner to be formal and uncontroversial. The statements of A, B and C are clearly not such documents and therefore Rule 17 does not apply to them. Accordingly, Rule 17 does not abrogate the ordinary rule that it was open to the coroner to admit the statements, notwithstanding that they were hearsay."
Coroners (Practice and Procedure) Rules (NI) 1980 17
1 Cites
1 Citers
Re Baker and other Applicants (1992) 8 NIJB 86
1992
QBNI
Carswell J
Northern Ireland, Prisons
The court considered the meaning of the Prisons Rules, and the ability of a governor to order searches of prisoners: "the power conferred by Rule 9(1) is intended to be an unqualified power, and the governor is entitled to order a prisoner to be searched whenever he sees fit, subject only to contrary direction of the Secretary of State. It would, I think, be inconsistent with the position of a prisoner lawfully confined in a prison to import a qualification into the power of search which would permit him or her to decide whether the search order was validly given and the reason for it properly explained, to refuse to obey and to resist the officer directed to carry out the search. To permit this would tend to undermine prison discipline to a material degree, and I do not think that it was intended . . In any event, I consider that it was perfectly obvious to all the prisoners searched that the prison officers were searching for some unauthorised object or objects. That knowledge found sufficient notification of the reason for the search, if such notification was, contrary to my view, required. It was not incumbent upon the governor to have the prisoners informed of the exact nature of the object being sought, still less to divulge where the information came from that led him to decide to have the search carried out."
1 Citers
Regina v McLernon [1992] NI 168
1992
CANI
Hutton LCJ, Higgins and Carswell JJ
Northern Ireland, Criminal Practice
D argued that the words "any fact relied on in his defence" in article 3 meant that it could apply only where a fact which the accused relied on was advanced by the accused in the witness box at the trial, or by a witness called at the trial on behalf of the accused. He also argued that he had not relied on any fact in his defence but had merely relied on the weakness of the prosecution case. Held: "art 3 permits the court to draw an inference, not only at the trial in determining whether the accused is guilty of the offence charged, but also by virtue of art 3(2)(a) in determining 'whether there is a case to answer' . . the trial judge can draw an inference against the accused in ruling on an application by the accused for a direction that he has no case to answer before the accused, or any witness on his behalf, has been called to give evidence." and "at a trial the accused can 'rely on a fact in his defence' within the meaning of art 3 even though neither he nor a witness called on his behalf has given evidence of that fact."
Criminal Evidence (Northern Ireland) Order 1988 (SI 1988/1987) 3
1 Citers
(Un-named) [1992] NISSCSC C1/92(SB)
20 Jan 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1993] NISSCSC A1/93(SB)
21 Jan 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1992] NISSCSC A9/92(MOB)
16 Mar 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine, Same Ex Parte Breslin; HL 1-Apr-1992 - Gazette, 01 April 1992; [1992] 1 WLR 262
(Un-named) [1992] NISSCSC C3/91(IS)
15 Apr 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Devine Unreported, 13 May 1992
13 May 1992
CANI
Hutton LCJ
Criminal Practice, Northern Ireland
The trial judge had drawn an adverse inference under article 3. The defendant complained that he had not relied on any fact in his defence but had simply tested the prosecution case. Held: "in this case it cannot be said that the accused 'relied on a fact in his defence' within the meaning of article 3(1)(a) because all that defence counsel did was to probe the prosecution case, without suggesting a fact which the accused relied on to a prosecution witness".
Criminal Evidence (Northern Ireland) Order 1988 (SI 1988/1987) 3
1 Citers
(Un-named) [1993] NISSCSC C1/93(SUPP BEN)
10 Sep 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1993] NISSCSC C1/93(SUPP BEN)
10 Sep 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1992] NISSCSC A17/92(IVB)
19 Nov 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1993] NISSCSC C4/93(SUPP BEN)
23 Nov 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1993] NISSCSC C4/93(SUPP BEN)
23 Nov 1992
NISSCS
Northern Ireland, Benefits
[ Bailii ]
