Sherlock v Governor of Mountjoy Prison
| Jurisdiction | Ireland |
| Judge | Mr. Justice Johnson |
| Judgment Date | 01 January 1991 |
| Neutral Citation | 1991 WJSC-HC 2408 |
| Docket Number | No. 934 SS/1990,[1990 No. 934 S.S.] |
| Court | High Court |
| Date | 01 January 1991 |
BETWEEN
AND
1991 WJSC-HC 2408
Synopsis:
LICENCE
Renewal
Refusal - Reasons - Absence - Legitimate expectation - Convicted prisoner - Imprisonment - Series of temporary releases - Further release refused - Natural justice - Prisoner's right to be informed of reason for refusal - (1990/934 SS - Johnson J. - 21/12/90) - [1991] 1 I.R. 451
|Sherlock v. Governor of Mountjoy Prison|
NATURAL JUSTICE
Fair procedures
Licence - Renewal - Refusal - Reasons - Absence - Convicted prisoner - Imprisonment - Series of temporary releases - Further release refused - Prisoner's right to be informed of reason for refusal - (1990/934 SS - Johnson J. - 21/12/90) - [1991] 1 I.R. 451
|Sherlock v. Governor of Mountjoy Prison|
PRISONS
Prisoner
Release - Licence - Expiration - Re-imprisonment - Voluntary return of licensee - Licence not renewed - No explanation given - Series of previous releases on licence - Legitimate expectation - Natural justice - Prisoner's entitlement to reasons for discontinuance of former practice - (1990/934 SS - Johnson J. - 21/12/90) - [1991] 1 I.R. 451
|Sherlock v. Governor of Mountjoy Prison|
WORDS AND PHRASES
"Legitimate expectation"
Licence - Expiration - Renewal - Refusal - Convicted prisoner - Imprisonment - Series of temporary releases - Further release refused - Absence of explanation - Natural justice - Prisoner's right to be informed of reason for refusal - (1990/934 SS - Johnson J. - 21/12/90) - [1991] 1 I.R. 451
|Sherlock v. Governor of Mountjoy Prison|
Judgment of Mr. Justice Johnsondelivered the 21st day of December 1990.
The Applicant in this case Martin Sherlock 106 Bridgefoot Street Flats in the City of Dublin was on the 22nd day of May 1970 sentenced to penal servitude for life and convicted before Mr. Justice Kenny of a charge ofmurder.
He remained in prison until the 4th day of November 1978 at which time he was released on temporary release from Mountjoy Prison pursuant to the provisions of the Criminal Justice Act 1960. From that time until the 30th of November 1990 he has been at liberty pursuant to the provisions of the said Act having been granted a large number of temporary releases each one subsequent to the other from the time of his first temporary releases each one subsequent to the other from the time of his first temporary release in 1978.
From the evidence it would appear there have been approximately 15 occasions since 1978 at least when he has been granted temporary release on surrendering himself after the expiry of the previous temporary release Order.
On the 30th day of November 1990 he reported as wasrequired to the Training Unit of Mountjoy Prison.
He was then informed that his temporary release was not being renewned or he was not being issued with a fresh temporary release. He was taken into prison where he was issued with the necessary clothing and in due course taken to a cell. He is at present detained in Mountjoy Prison and has been given no indication as to what the duration of his detention...
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