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Barrister Profile

TERENCE MCCLEAVE

Year of Call: 2011

Main Areas of Practice

Administrative Law or Judicial Review
Criminal Law
Human Rights
Professional Negligence

Biography

Terence was called to the bar in September 2010 and practises principally in the fields of public law and human rights law. He represents and advises a range of clients, primarily consisting of Government bodies, at both a local and regional level. Terence’s practice regularly sees him appear on behalf of a range of Northern Ireland public authorities and the Attorney General for Northern Ireland. In addition he has also represented a range of UK Departments and numerous other bodies such as the British Broadcasting Corporation.

In doing so Terence has developed particular expertise in the areas of social security/welfare law, prison law, criminal public law, regulatory law, privacy/media law and terrorism and national security. Terence’s public law practice regularly sees him appear before the High Court and the Court of Appeal. Terence has also appeared before the UK Supreme Court.

Terence also maintains a criminal practice. This has seen Terence develop particular expertise in relation to both fraud and terrorism offences, acting for both defendants and the Public Prosecution Service. He has appeared at all levels of the criminal justice system.

In 2010 Terence was awarded the inaugural Attorney General Scholarship and was appointed to the Attorney’s Recently Qualified Panel in the same year. In 2017 he was appointed to the Attorney General’s Public Law Panel. Since 2018 he has been a member of the Government Legal Service of Northern Ireland Panels.

Qualifications

Qualifications

2008; Bachelor of Law (LLB) - Queen’s University Belfast

2009; LLM in Human Rights Law (Distinction) - Queen’s University Belfast

2010; Certificate of Professional Legal Studies - Queen’s University Belfast

Appointments

2011 - 2017; Appointed to the Northern Ireland Public Prosecution Service Magistrates Court Panel

2013 - 2016; Appointed to the Attorney General’s Recently Qualified Legal Panel

2016 - present; Appointed to the Attorney General for Northern Ireland Public Law Panel

2016 - 2018; Continuing Professional Development Secretary for the Criminal Bar Association

2018 - present; Appointed to Government Legal Services of Northern Ireland B Panel

2020 - present; Co-opted onto the Bar of Northern Ireland’s Rule of Law Committee

Experience

Notable Cases

Re McGuinness’s Application [2019] NIQB 10 – judicial review proceedings concerning whether a period of lawful release pursuant to the Northern Ireland (Sentences) Act 1998 formed part of a sentence tariff period for the purposes of the Life Sentences (NI) Order 2001.

Re McGuinness’s Application (No.2) [2020] UKSC 6 – appeal before the Supreme Court concerning the decision of the Divisional Court in Re McGuinness’s Application [2019] NIQB 10 and the issue of whether the matter constituted a “criminal cause or matter” for the purposes of section 41(1) of the Judicature (NI) Act 1978.

Re Duncan’s Application [2020] NIQB 74 – judicial review proceedings concerning pension annuity payments in the context of the State Pension Credit (NI) Act 2002 and the State Pension Credit Regulations (NI) 2003.

Quinn v Criminal Cases Review Commission [2020] NIQB 24 – judicial review proceedings concerning a refusal by the CCRC to refer the applicant’s conviction to the Court of Appeal.

Ms A and Ms J and Mr O and the Attorney General for Northern Ireland and The Secretary of State for Health and the Department of Health [2020] NI Fam 6 – proceedings concerning the compatibility of Human Fertilisation and Embryology Act 2008 with the Human Rights Act 1998.

B and K and L and the Official Solicitor and Attorney General for Northern Ireland and Registrar General for Northern Ireland the Secretary of State for Health [2020] NI Fam 19 – proceedings concerning the compatibility of Human Fertilisation and Embryology Act 2008 with the Human Rights Act 1998.

Re McGuinness’s Application (No.1) [2020] NICA 54 – appeal concerning the decision of the Divisional Court in Re McGuinness’s Application [2019] NIQB 10 and the issue of whether a period of lawful release pursuant to the Northern Ireland (Sentences) Act 1998 formed part of a sentence tariff period for the purposes of the Life Sentences (NI) Order 2001.

Re McParland’s Application [2021] (High Court) – judicial review proceedings concerning welfare supplementary payments arising on foot of the New Decade, New Approach Deal.

Duffy v City of London Police and Others [2021] NIQB 49 – judicial review proceedings concerning whether the Petty Sessions (Ireland) Act 1851 provided for the execution in NI of a search warrant relating to an offence committed in England and Wales.

An Application by Seamus Morgan for a Writ of Habeas Corpus [2021] NIQB 71 - habeas corpus proceedings concerning whether the ongoing detention of the applicant was lawful in light of the legislative changes introduced by the Counter Terrorism and Sentencing Act 2021.

Re Murnin’s Application [2021] NIQB – judicial review proceedings concerning the statutory jurisdiction of the Magistrates Court to consider certain sexual offences following the introduction of the Sexual Offences (NI) Order 2008.

R v Morgan and Others [2021] NICA 67 – criminal appeal concerning whether the legislative changes introduced by the Counter Terrorism and Sentencing Act 2021 were compatible with Articles 5, 6 and 7 of the European Convention on Human Rights and whether a declaration of incompatibility should be issued pursuant to section 4 of the Human Rights Act 1998.

Ms A and Ms J and Mr O and the Attorney General for Northern Ireland and The Secretary of State for Health and the Departments of Finance and Health, The Official Solicitor for NI [2022] NICA 3 – appeal proceedings concerning the compatibility of Human Fertilisation and Embryology Act 2008 with the Human Rights Act 1998.

Re Larkin’s Application [2022] NIQB 28 – judicial review challenge concerning the compassionate temporary release policy operated by the Northern Ireland Prison Service.

Re McConalogue’s Application [2022] NIQB 41 – judicial review proceedings concerning a decision of the Social Security Commissioner.

Criminal

R v Brown & Ors [2012] NICA 14 – intervention by the Attorney General in Court of Appeal proceedings concerning several references by the Criminal Cases Review Commission.

Doorman v Her Majesty’s Revenue and Customs [2014] NICA - appeal by way of case stated concerning the use of search and seizure powers by HMRC.

R v Doherty [2016] Londonderry Crown Court - third party disclosure applications issued in respect of the British Broadcasting Corporation.

R v Morgan and Others [2020] NICC 14 – criminal proceedings relating to a covert surveillance operation and terrorist offences.

Publications

“Judicial Discretion versus Restraint in the Realm of Human Rights: A contextual approach to UK Human Rights Act 1998”, Volume 11 Trinity College Dublin Law Review 2008

“Human Rights in the Courts of Northern Ireland”, Northern Ireland Legal Quarterly, Volume 61 Number 4, Winter 2010. Co-authored with Professor Brice Dickson