The High Court has refused Shane McLoughlin’s application for judicial review of a decision denying him enhanced remission, finding that his challenge was out of time. Ms Justice Baker also said that, even if the application had been brought in time, the legal arguments and evidence before her did not justify relief.
Mr McLoughlin is serving an 11-year sentence for a drugs offence. The judgment said his prospective release date with standard one-quarter remission was 28 October 2017. If enhanced remission had been granted, his release date would have been 28 November 2016.
He applied for enhanced remission in June 2016. The Minister refused the application, and the refusal was received on 26 November 2016, the date the judge used for calculating the judicial review deadline. Mr McLoughlin argued that time should run from later correspondence with the Minister. The respondents said the three-month limit had expired before leave to bring the case was granted on 3 April 2017.
His solicitors sought the reports and other material considered by the Minister. The Irish Prison Service declined to provide them, saying they had been compiled and submitted confidentially. A reply said the Minister had considered information about his conduct in custody, structured activities, his response to his offending behaviour and two prison discipline findings following positive drug tests. Mr McLoughlin disputed one of those findings. The respondents later stated that the Garda view mentioned in the refusal letter had not influenced the decision; the judge said that position was confirmed in a verifying affidavit and was not challenged in cross-examination.
Justice Baker ruled that the later correspondence did not restart the time limit. She said Mr McLoughlin’s solicitor knew by 17 January 2017 both the refusal and the respondents’ position on disclosure, and that no circumstances outside his control or knowledge had been shown to justify an extension. The application to extend time covered the certiorari relief only; leave to seek an extension for mandamus or declaratory relief had not been granted. The judicial review therefore failed as out of time.
The judge added that, in any event, the Minister’s reasons were sufficient under the authorities before her. She said the Minister could weigh structured activity alongside the nature and gravity of the offence and the absence of offence-focused work, and that the decision was not shown to be arbitrary, capricious or unjust. The court refused the relief sought. Mr McLoughlin remained free to make a fresh application for enhanced remission.