McHugh v Minister for Justice

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1997
• Docket Number: [S.C. No. 115 of 1996]
• Date: 01 January 1997

McHugh v. Minister for Justice

Michael McHugh

Applicant

and

The Minister for Justice and Others

Respondents

[S.C. No. 115 of 1996]

Supreme Court

Judicial review - Application for leave - Whether release under escort constituting temporary release - Whether temporary release a matter exclusively within discretion of Minister for Justice - Whether leave should be granted - Prisoners (Temporary Release) Rules, 1960 (S.I. No. 167), r. 3, sub-r. 1 - Criminal Justice Act, 1960 (No. 27), s. 2.

By s. 2 of the Criminal Justice Act, 1960, the Minister for Justice may make rules providing for the temporary release of prisoners. By r. 3, sub-r. 1 of the Prisons (Temporary Release) Rules, 1960:—

"The Governor or other officer in charge . . . of a prison may, subject to the directions of the Minister and subject to any exceptions which may be specified in directions of the Minister, release temporarily for a specified period a person serving a sentence of penal servitude or imprisonment in that prison."

The applicant had been convicted of capital murder, but his sentence had been commuted to 40 years imprisonment to be served without remission. He was refused leave by the High Court to apply by way of judicial review in respect of the failure of the Minister to grant him a temporary release under escort to visit his mother, who was not in good health. The applicant relied on the fact that a similar...