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 the Commissioners in breach.
Held: The appeal was allowed. The material provided to the appellant and his advisers was sufficient to allow him to give effective instructions to those representing him. There was therefore no breach of article 5(4) of the Convention.
Judges:
Morgan LCJ
Citations:
[2012] NICA 57
Links:
Statutes:
European Convention on Human Rights 5.4, Life Sentences (Northern Ireland) Order 2001 9(4)
Jurisdiction:
Northern Ireland
Citing:
Appeal from – Corey, Re Judicial Review QBNI 9-Jul-2012
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. . .
Cited by:
Appeal from – 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 He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence .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.
Prisons, Human Rights
Updated: 04 November 2022; Ref: scu.468849
