Ni Murchu's (Ailise) Application and PSNI and Secretary of State for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 09 August 2019 |
| Neutral Citation | [2019] NIQB 75 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 09 August 2019 |
1
Neutral Citation No: [2019] NIQB 75
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: COL11019
Delivered: 9/8/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY AILISE NI MURCHU
FOR JUDICIAL REVIEW
________
AILISE NI MURCHU
Applicant;
-and-
PSNI
and
SECRETARY OF STATE FOR NORTHERN IRELAND
Respondents.
________
COLTON J
Background
[1] This is another in a number of legal challenges to the lawfulness of the
exercise of powers by the Police Service of Northern Ireland (“the PSNI”) under
sections 21 and 24 of the Justice and Security (Northern Ireland) Act 2007 (“the 2007
Act”).
[2] The particular focus of this challenge relates to the exercise of the powers in
relation to minors.
[3] Leave was granted in this matter by McCloskey J in respect of an incident
which occurred on 12 December 2017. On that date the applicant was a minor,
having been born on 9 February 2001. Since that time she has reached her majority
and her anonymity in respect of these proceedings has been removed.
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[4] In her affidavit supporting the application she avers that on the day in
question:
“We were getting food from a takeaway restaurant on the
Shaw’s Road when the police arrived and searched my
father and me and Thomas. This took around 30 minutes I
would say. It was snowing at the time and very cold.
There are photographs of this incident attached to this
affidavit.”
Thomas is the applicant’s brother.
[5] In an affidavit filed by the applicant’s father on 1 March 2018 he suggested
that the incident took “about 5-10 minutes”.
[6] Constable Eimer Phair in an affidavit sworn on 23 January 2019 gives an
account of the incident as follows:
“(1) I am a serving constable in the Police Service of
Northern Ireland.
(2) On 12 December 2017 I conducted a search of the
applicant ANM. I conducted the search mindful of the
applicant’s age and sex. I knew that ANM was a minor
and at all times employed my training in respect of dealing
with a minor. I was polite, courteous, I spoke in a soft tone
of voice and tried to make her feel as comfortable as possible
whilst I carried out my duty.
(3) At the time of the stop and search the applicant had
been travelling with her brother and father in a car driven
by ANM’s father Mr Risteard O Murchu who is known to
police. At the time of the stop Constable Fivey had spoken
to the persons within the car explaining that they were to
be searched (along with the vehicle) under the Justice and
Security Act.
(4) The applicant was compliant throughout the search;
indeed she did not say anything to me as I conducted the
search, she did not protest or show any discomfort or
embarrassment. If ANM had complained to me I would
have noted it down in my notebook. There is no such entry.
(5) Following the search I gave ANM a record of the
search. I refer to a copy of the search record … marked …
and signed by me.
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