Category: Northern Ireland

The Public Prosecution Service v Elliott and Another: CANI 28 Sep 2011

The prosecutor appealed against dismissal of the case based upon fingerprint evidence. The prints had been taken digitally using a device which had not been approved as required.

Judges:

Higgins LJ, Girvan LJ and Sir John Sheil

Citations:

[2011] NICA 61

Links:

Bailii

Statutes:

Police and Criminal Evidence (Northern Ireland) Order 1989

Citing:

Cited – Kuruma v The Queen PC 8-Dec-1954
(Court of Appeal for Eastern Africa) The defendant appealed against his conviction for unlawful possession of ammunition, saying that the evidence had been obtained by unlawful means, and should not have been admitted against him.
Held: Lord . .

Cited by:

Appeal from – Public Prosecution Service v McKee SC 22-May-2013
Non-approval didn’t devalue fingerprints
The court was asked: ‘what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Evidence

Updated: 05 October 2022; Ref: scu.451591

Courtney, Regina v: CANI 26 Jan 2007

Application for leave to appeal against a ruling of no case to answer.

Judges:

Kerr LCJ, Campbell LJ and Coghlin J

Citations:

[2007] NICA 6

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 19 September 2022; Ref: scu.249041

McCabe, Re Judicial Review: QBNI 27 Apr 2010

Judges:

Higgins LJ, Girvan LJ, and Coghlin LJ

Citations:

[2010] NIQB 58

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 17 September 2022; Ref: scu.416006

Kincaid, Re Application for Judicial Review: QBNI 19 Apr 2007

Application for judicial review of the avowed failure of the Public Prosecution Service to provide reasons for the decision not to prosecute a suspect for shooting the applicant.

Judges:

Kerr LCJ and Weatherup J

Citations:

[2007] NIQB 26

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 17 September 2022; Ref: scu.261705

Loughlin, Re Judicial Review: QBNI 21 Apr 2015

Judges:

Morgan LCJ, Weir J and Treacy J

Citations:

[2015] NIQB 33

Links:

Bailii

Statutes:

Serious Organised Crime and Police Act 2005

Jurisdiction:

Northern Ireland

Citing:

Explained – P, Regina v; Regina v Blackburn CACD 22-Oct-2007
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs . .

Cited by:

Appeal from – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 15 September 2022; Ref: scu.549487

Mooney, Re Judicial Review: QBNI 8 Apr 2014

Citations:

[2014] NIQB 48

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 15 September 2022; Ref: scu.526653

Reilly, Re Judicial Review: CANI 6 Apr 2011

The applicant had been granted judicial review of a decision by the parole board not to grant his release on parole but without having afforded him an oral hearing. The Board now appealed.
Held: The appeal succeeded. The court followed the approach which had been adopted by the Court of Appeal of England and Wales in the cases of Osborn and Booth, concluding that, since the factual issues highlighted by the appellant’s solicitors were not of critical importance, it followed that the board could fairly conclude that an oral hearing would not assist it in its determination of the relevant issue.

Judges:

Higgins LJ, Coghlin LJ, The Rt Hon Sir Anthony Campbell

Citations:

[2011] NICA 6

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Reilly, Re Judicial Review QBNI 13-Apr-2010
The claimant said that a decision had been made as to his release from prison but without his having had opportunity to make oral representations.
Held: The board had acted in breach of its common law duty to act fairly, and incompatibly with . .
Appeal from – Reilly, Re Judicial Review QBNI 10-May-2010
The court had found that the respondent had acted in breach of the claimant’s human rights in making a decision against his release from prison on parole without affording an opportunity to make oral representations. It now considered the remedy. . .
Applied – Osborn and Another v The Parole Board CA 15-Dec-2010
The three claimants complained that the respondent had made decisions adverse to them as to their release to or recall from parole.
Held: Review was refused. While there was ‘some force in the submission that, contrary to the understanding of . .

Cited by:

Appeal from – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Prisons, Human Rights

Updated: 15 September 2022; Ref: scu.441895