Hughes' (Andrea) Application v A Lay Magistrate and The Police Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 09 December 2021 |
| Neutral Citation | [2021] NIQB 113 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 09 December 2021 |
Neutral Citation No: [2021] NIQB 113
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11656
ICOS No:
Delivered: 09/12/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
BEFORE A DIVISIONAL COURT
_________
IN THE MATTER OF AN APPLICATION BY ANDREA HUGHES FOR LEAVE
TO APPLY FOR JUDICIAL REVIEW
-v-
A LAY MAGISTRATE
and
THE POLICE SERVICE OF NORTHERN IRELAND
_________
Representation
Applicant: Mr John Kearney QC and Mr Colm Fegan, of counsel (instructed by
Emmet J Kelly Solicitors
First Respondent (Lay Magistrate): Mr Philip Henry, of counsel, instructed by the
Departmental Solicitor’s Office
Second Respondent (Police Service): Mr Joseph Kennedy, of counsel, instructed by
the Crown Solicitor’s Office
_________
Before: McCloskey LJ and McAlinden J
_________
McCLOSKEY LJ (delivering the judgment of the court)
Introduction
[1] The two central questions raised in these judicial review proceedings are (i)
whether the judicial officer concerned, a Lay Magistrate, in acceding to two
inter-related applications by the police and issuing two search warrants as
requested, had the state of mind mandated by Article 10 PACE and (ii) whether the
police applications were compliant with the requisite legal requirements. The
applicant invites resolution of both questions in her favour and, further, contends
that the searches executed by the police pursuant to the impugned warrants
infringed her rights under Article 8 ECHR, contrary to section 6 of the Human
Rights Act 1998.
[2] There are two preliminary issues of a procedural nature. First, having invited
and considered the parties’ submissions, the court was satisfied that, applying the
Amand principle (Amand v Home Secretary [1943] AC 147), this is a criminal cause or
matter, with the result that a Divisional Court comprising a bench of two judges was
convened. Second, the court determined to adjudicate by the so-called “rolled up”
mechanism.
The Judicial Review Challenge
[3] This application for leave to apply for judicial review is brought by
Andrea Hughes (“the applicant”). The proposed respondents are the Police Service
of Northern Ireland (“the Police Service”) and a Lay Magistrate (“the Lay
Magistrate”). The contours and focus of the applicant’s challenge are succinctly
formulated in the Order 53 Statement:
“The Applicant challenges the Respondents’ decisions, acts and
omissions on 15 February 2021. On 18 February 2021 in an ex
parte hearing …… the [Police Service] applied pursuant to
Article 10 of the Police and Criminal Evidence (NI) Order 1989
…. for two search warrants to search Blue Stone Psychiatric
Unit, Craigavon Area Hospital, where the Applicant was a
patient and to search the Applicant’s home at ……….. The said
warrants were granted by the [Lay Magistrate] on
18 February 2021. The said warrants were drafted so as to
permit police to search for and seize mobile phones and sim
cards in connection with the alleged offence of perverting the
course of justice.”
[4] The grounds of challenge, which are couched in somewhat diffuse terms,
resolve to two central complaints:
(i) Non – compliance with Article 10 PACE: the application by the Police Service
to the Lay Magistrate for the issue of the impugned search warrants did not
contain sufficient information compliant with the statutory criteria in order to
establish that there were reasonable grounds for believing that an indictable
offence had been committed and/or that the material sought did not consist
of or include items subject to legal privilege and/or that there were
reasonable grounds for believing that any of the conditions specified in
Article 10(3) PACE applied.
To continue reading
Request your trial
1 cases
-
Duffy's (Robert) Application
...the reasoning of McCloskey LJ in the case of Hughes’ (Andrea) Application v a Lay Magistrate and the Police Service of Northern Ireland [2021] NIQB 113. [29] That case dealt with a challenge to search warrants issued by a lay magistrate under the provisions of Article 10 of the Police and C......