Re application by Dennis Hutchings for Judicial Review (Northern Ireland)

Criminal law – Procedure. On its true construction, Condition 4 in s 1(6) of the Justice and Security (Northern Ireland) Act 2007, namely an offence or offences committed to any extent (whether directly or indirectly) as a result of, in connection with or in response to religious or political hostility of one person or group of persons towards another person or group of persons, included a member of the armed forces shooting a person he had suspected of being a member of the Irish Republican Army. Consequently, the Supreme Court dismissed the appellant former soldier's appeal against the decision of the Director of Public Prosecutions for Northern Ireland to issue a certificate pursuant to s 1 of that Act, directing that the appellant stand trial for attempted murder and attempting to cause grievous bodily harm by a judge sitting without a jury. The Court decided, among other things, that the DPP had acted within the powers conferred on him by the Act.

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