In the matter of an application by JR123 for Judicial Review (Appellant) UKSC (Northern Ireland)
Case ID: UKSC 2023/0088
Case summary
Issues
(1) Does article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 violate the appellant's right to respect for private and family life under Article 8 of the European Convention on Human Rights because it fails to provide for a review mechanism whereby a previous conviction can be treated as "spent" for the purposes of that order?
(2) If article 6(1) is a violation, should the court make a declaration of incompatibility?
(3) If article 6(1) is a violation, was the Court of Appeal wrong to uphold the High Court's refusal to award the appellant damages?
Facts
When he was aged 21, the appellant (who is anonymised as JR123) was convicted of arson, possession of a petrol bomb, and two offences of burglary and theft. For these offences, he was sentenced to four concurrent terms of imprisonment of five years, four years, 12 months, and 12 months respectively. He was released from prison in 1982 and is now aged 64. Under the Rehabilitation of Offenders (Northern Ireland) Order 1978, the appellant's convictions cannot become "spent" and must generally be disclosed when, among other things, applying for employment. the appellant claims that this has had negative consequences for him. On 28 January 2020, the appellant issued proceedings in the High Court of Justice in Northern Ireland challenging the compatibility of the 1978 order with his right to respect for private and family life, under article eight of the European Convention on Human Rights. On 1 November 2021, the High Court found that the 1978 order violated the appellant's right as it did not provide for any mechanism by which the status of his conviction as unspent could be reviewed. However, the High Court declined to award the appellant any damages, ruling that the declaration that the 1978 order violated his right was sufficient compensation. The Department for Justice (the respondent) appealed this decision to the Court of Appeal in Northern Ireland. The appellant also appealed the refusal to award him damages. On 3 May 2023, the High Court allowed the Department for Justice's appeal and dismissed the appellant's appeal as to damages.
Judgment appealed
Parties
Appellant(s)
JR123
Respondent(s)
Department of Justice
Appeal
Justices
Lord Lloyd-Jones, Lord Sales, Lord Burrows, Lord Stephens, Rt Hon Sir Declan Morgan
Hearing start date
23 October 2024
Hearing finish date
23 October 2024