Mistake of material fact leading to unfairness could be available as a ground of judicial review in respect of the determination of applications to adjourn trials in magistrates’ courts.
A decision of the Department of Justice and Parole Commissioners for Northern Ireland revoking a prisoner’s release on licence was not vitiated by irrationality where the recall to prison was plainly within the range of reasonable responses open to the official making that decision. The Department considered that the prisoner’s refusal to comply with electronic tagging requirements meant that the risk of his causing harm to the public had increased significantly, so that the test under the Criminal Justice (Northern Ireland) Order 2008 art.28(2)(b) had been met.
The court had jurisdiction to make a declaration on a closed material application under the Justice and Security Act 2013 s.6 in judicial review proceedings challenging a decision not to prosecute. Although the case was not an appeal “in” criminal proceedings, since its outcome would not decide criminal liability, the words “criminal cause or matter” in s.6(11) were to be interpreted broadly.
As a Crown Court decision to remand a defendant in custody pending a sentence hearing was a matter relating to trial on indictment, the High Court’s jurisdiction to consider an application for permission to apply for judicial review of the decision was excluded by the Senior Courts Act 1981 s.29(3).
An applicant had not been sufficiently prompt and so was out of time to apply for judicial review of a decision by the Director of Public Prosecutions for Northern Ireland not to refer a sentence to the Court of Appeal for being unduly lenient. Neither a pending application for legal aid, nor an intention to try and change the DPP’s mind were reasonable objective excuses for applying late, and ordering the DPP to lodge a provisional notice of referral pending the outcome of the judicial review application was contrary to the legislative scheme and would cause hardship.