C had been recalled from parole, and complained that the procedure had been unfair in that it had been almost entirely based upon closed materials.
Held: The Commissioners’ decision was indeed based solely or decisively on the closed material. Moreover, the allegations contained in the open material were not sufficiently specific to enable the appellant to provide his lawyers and the special advocate with information to refute them. The hearing which the commissioners had conducted into the appellant’s case constituted, on that account, a breach of the appellant’s ‘right to procedural fairness’ under article 5(4) of the Convention. However the court decided to remit the matter to the Commissioners with a direction that they reconsider the case and reach a decision in accordance with his ruling. The judge also decided to admit the appellant to bail pending reconsideration of his case by the Parole Commissioners.
Judges:
Treacy J
Citations:
[2012] NIQB 56
Links:
Statutes:
European Convention on Human Rights 5.4, Judicature (Northern Ireland) Act 1978
Cited by:
Appeal from – Corey, Re Judicial Review CANI 21-Dec-2012
The claimant had been recalled to prison from parole, and challenged his recall, saying that the procedure, being almost entirely based upon closed material infringed his rights to a fair trial. The respondent now appealed against an order finding . .
At First Instance – Martin Corey, Re for Judicial Review SC 4-Dec-2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Prisons, Human Rights
Updated: 06 November 2022; Ref: scu.465500