In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland)

[2019] UKSC 26 UKSC 2018/0040 In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland) On appeal from the Divisional Court (Northern Ireland) The appellant, Dennis Hutchings, was in 1974 a serving soldier with the Life Guards Regiment. Two charges of attempted murder and attempted grievous bodily harm with intent were brought against him in 2015 relating to the death by shooting of John Patrick Cunningham in June 1974. The proceedings are currently at an interlocutory stage before the Crown Court in Belfast. In April 2016, the respondent DPP issued a certificate under section 1 of the 2007 Act (the “Certificate”). The effect of the Certificate is to prevent the appellant from being tried by a jury and instead requires that he be tried by a judge alone. The appellant appealed against this decision, arguing that the conditions in section 1 were not met. The issue is: (i) On a true construction of condition 4 in section 1 of the Justice and Security (Northern Ireland) Act 2007 (the “2007 Act”), does it embrace members of the security forces in Northern Ireland accused of offences that are not part of sectarian violence?; (ii) Do the ordinary rules of natural justice apply to the issuance of a certificate under section 1 of the 2007 Act? The Supreme Court unanimously dismisses the appeal.