Chief Constable of the Police Service of Northern Ireland v James Kirkby Roulston
| Jurisdiction | Northern Ireland |
| Judge | Nicholson LJ |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NICA 48 |
| Date | 06 July 2004 |
| Court | Court of Appeal (Northern Ireland) |
Neutral Citation: 2004 NICA 48 Ref:
NICC5012
Judgment: approved by the Court for handing down Delivered:
6/7/04
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
CHIEF CONSTABLE OF THE POLICE SERVICE
OF NORTHERN IRELAND
(Complainant) Respondent;
and
JAMES KIRKBY ROULSTON
(Defendant) Appellant.
_______
Before: Nicholson LJ, Campbell LJ and Gillen J
________
NICHOLSON LJ
Introduction
[1] This is an appeal by way of case stated from a decision of a Resident
Magistrate made on 24 November 2003. The application for a case stated was
made to Mr C M McKibbin sitting as a Magistrates’ Court for the Petty
Sessions District of Belfast. It referred to the Chief Constable of the Police
Service of Northern Ireland as Complainant and to James Kirkby Roulston as
Defendant. Pursuant to Article 146 of the Magistrates’ Courts (Northern
Ireland) Order 1981 the Defendant applied to Mr McKibbin to state a case for
the opinion of the Court of Appeal on the following point of law:-
“Whether I was correct in law to accede to a
prosecution request to list the Defendant’s case for
the holding of a preliminary inquiry in relation to
20 counts of making an indecent photograph or
pseudo photograph of a child contrary to Article
3(1)(a) of the Protection of Children (Northern
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Crawford's (Paul) Application and In the matter of a decision of the Director of Public Prosecutions for Northern Ireland
...consent by the AG must be given,” see Marron [1981] NI 132. [46] Furthermore, reference is made to the case of Chief Constable v Roulston [2004] NICA 48. In that case there was an application before a Resident Magistrate (“RM”) to vacate guilty pleas prior to sentence because of the absence......