McDonagh's (Rosaleen Angela) Application
| Jurisdiction | Northern Ireland |
| Judge | Deeny LJ |
| Judgment Date | 24 January 2019 |
| Neutral Citation | [2019] NIQB 5 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 24 January 2019 |
1
Neutral Citation No: [2019] NIQB 5
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: DEE10805
Delivered: 24/1/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY
ROSALEEN ANGELA McDONAGH FOR JUDICIAL REVIEW OF A DECISION
BY THE PUBLIC PROSECUTION SERVICE FOR NORTHERN IRELAND
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DIVISIONAL COURT
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Before: Deeny LJ and Colton J
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DEENY LJ
[1] This judgment addresses an issue that has been raised in the
Magistrates’ Court in this case and in other Magistrates’ Courts relating to the power
of a Public Prosecutor to issue a summons following a complaint to the
Magistrates’ Court pursuant to Section 93 of the Justice Act (Northern Ireland) 2015.
[2] The matter was heard by this court on 11 December 2018. Mr Martin McCann
appeared for the applicant instructed by Mr Oliver Roche, solicitor, who had taken
the point at the lower court. Dr Tony McGleenan led Mr Philip McAteer for the
Public Prosecution Service. There had been a direction by agreement at a previous
review hearing that the application would be dealt with as a rolled up hearing
addressing both leave and the substantive application. At the hearing before us the
proceedings were amended to allow discontinuance against the Department of
Justice.
The Facts
[3] On 29 June 2017 the Public Prosecution Service (“the PPS”) sent to the
Northern Ireland Courts and Tribunal Service (“NICTS”) three complaints relating
to driving offences allegedly committed by the applicant. These were sent
electronically by the Causeway system which links several bodies in Northern
Ireland involved in the administration of justice.
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1 cases
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Parker (Anthony) and Caldwell's (James) Application
...should be issued is a judicial function which must be performed judicially and cannot be delegated.” [26] In Re McDonagh’s Application [2019] NIQB 5, this court rejected a challenge to the issuance of a summons by a public prosecutor and held that the complaint and summons were both valid. ......