Mcclean, Re an Application for Judicial Review 14: CANI 23 Apr 2004

The appellant was serving a prison term for murder. He was being considered for release under the Good Friday agreement, but on home leave he was again involved in further serious violence. He was recalled and his entitlement to early release was withdrawn. He appealed saying that not some evidence had been withheld.
Held: The court considered that the normal rules of evidence did not apply, since it was ‘not the establishment of a concrete fact but rather the formulation of an opinion or impression’, which was not capable of proof in the manner usually contemplated by the law of evidence.evidence’
McCollum LJ
[2004] NICA 14
Bailii
Northern Ireland
Cited by:
Appeal fromMcClean, Re HL 7-Jul-2005
The appellant was serving a life sentence for terrorist offences. He complained that he should have been released under the 1998 Act. It was said he would be a danger to the public if released. On pre-release home leave he was involved in a . .
CitedA and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .

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Updated: 01 June 2021; Ref: scu.196121