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Court of Appeal refuses appeal and upholds decision of the High Court that a convicted person is liable to the disciplinary offences and sanctions in the Prison Rules in respect of his misconduct in a courtroom during his sentence hearing, on the grounds that the appellant was at all times in the custody of the Governor on foot of a 19-year sentence and that he did not cease to be in that custody while he was in the courtroom for the purpose of the second set of criminal proceedings.
Judicial review - prison discipline - appeal in respect of an order of the High Court refusing relief sought by the appellant in judicial review proceedings - whether a convicted person is liable to the disciplinary offences and sanctions in the Prison Rules 2007 (S.I. 252/2007) in respect of his misconduct in a courtroom during his sentence hearing - whether Prison Rules apply in that situation at all - whether it is solely for the sentencing judge to decide whether or not to deal with the matter by way of the contempt of court jurisdiction.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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