JR249's Application (Leave Stage)
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Neutral Citation | [2023] NIKB 25 |
| Date | 28 February 2023 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 25
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL12088
ICOS No: 2022/99678/01
Delivered: 28/02/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JR249
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Mr McQuitty (instructed by Edwards & Co Solicitors) for the Applicant
Mr Beggs KC (instructed by PSNI Legal Services Branch) for the Respondent
___________
Ex Tempore
COLTON J
Introduction
[1] For obvious reasons this application is one which requires expedition. The
applicant is a serving police constable with the Police Service of Northern Ireland
(PSNI).
[2] By these proceedings he seeks to challenge three decisions, namely:
(i) The decision of the proposed respondent dated 18 August 2022 determining
that the applicant has a case to answer for gross misconduct and so referring
his case to a misconduct hearing based on an investigation from 2018.
(ii) The decision of the proposed respondent to refuse/fail to give effect to the
High Court order of Quinlivan J (granting judicial review and quashing a
decision of DCC Martin), and to do so within a reasonable period of time,
related to the Service Confidence Procedure (“SCP”) so that the applicant was
subject to unlawful restrictions for a period in excess of five months.
(iii) The decision to suspend the applicant (in connection with the first impugned
decision).
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