Practice and Procedure

IN THE MATTER OF AN APPLICATION BY JOSEPH FITZPATRICK AND TERENCE SHIELS FOR JUDICIAL REVIEW (2012)

PUBLISHED November 23, 2012
SHARE

[2012] NIQB 95

The Secretary of State had lawfully refused compensation to two applicants following the quashing of their convictions, as the circumstances of their detention in the 1970s, which involved being questioned at 16 years old without legal advisers or an appropriate adult present, did not amount to a new or newly discovered fact showing a miscarriage of justice for the purpose of the Criminal Justice Act 1988 s.133. The courts and lawyers at the time were well aware of the circumstances in which people were detained.

QBD (NI) (Treacy J)

23/11/2012

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