AS1's Application (A minor acting by her mother and next friends) No. 2
| Jurisdiction | Northern Ireland |
| Judge | Keegan J |
| Judgment Date | 02 February 2021 |
| Neutral Citation | [2021] NIQB 11 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 02 February 2021 |
1
Neutral Citation No: [2021] NIQB 11
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11386
ICOS No: 16/122892
Delivered: 02/02/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY AS1
(A MINOR ACTING BY HER MOTHER AND NEXT FRIEND) No. 2
___________
Mr Lavery QC with Mr Bassett (instructed by Brentnall Legal Ltd) for the Applicant
Mr Tony McGleenan QC with Ms Laura Curran (instructed by the Crown Solicitors
Office) for the Respondent
___________
KEEGAN J
Introduction
[1] This case relates to video recording by police which occurred in 2016. The
recording captured the image of a child during a lawful search under terrorism
legislation. I decided that the actions of the police were lawful pursuant to the
domestic and European law in AS1’s Application for Judicial Review [2018] NIQB 46.
That decision was appealed by notice of 12 June 2018. I am informed that when the
case was first opened before the Court of Appeal counsel was asked to address the
retention issue as well as the capture issue. Counsel told the court that evidence was
not filed relating to the retention point and it was not argued before me. So, new
evidence was obtained and an affidavit was filed on 10 February 2019 by ACC Todd
on the issue of retention.
Retention
[2] The affidavit of ACC Todd explains that there are two regimes which govern
the Police Service of Northern Ireland (“PSNI”) legal obligations in relation to the
retention and disposal of its records namely the Public Records (Northern Ireland)
Act 1923 and the Data Protection Act 2018. At paragraph 4 of his affidavit ACC
Todd states that “in order to ensure compliance with these obligations and to
enhance transparency, PSNI has prepared and published a dedicated Service
Procedure SP 3/2012 Records and Management. He states that this was first issued
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