Ramsey's (Steven) Application (No.2)
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 25 February 2020 |
| Neutral Citation | [2020] NICA 14 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 25 February 2020 |
1
Neutral Citation No: [2020] NICA 14
Ref:
MOR11209
Judgment: approved by the Court for handing down
Delivered:
25/02/2020
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY STEVEN RAMSEY
FOR JUDICIAL REVIEW (No 2)
________
Before: Morgan LCJ, Stephens LJ and Maguire J
________
MORGAN LCJ delivering the judgment of the court)
[1] This is an appeal from a decision of Treacy LJ refusing an application for
judicial review of the decisions to stop and search the appellant pursuant to section
24 and Schedule 3 of the Justice and Security (NI) Act 2007 (“the 2007 Act”) on
various dates between 15 May 2013 and 3 August 2013. The appellant contended
that:
(i) the authorisation regime of the 2007 Act did not satisfy the quality of
law test,
(ii) the legislative scheme of the 2007 Act including the Code of Practice
did not contain adequate safeguards to prevent abuse/the arbitrary
exercise of power and failed the quality of law test,
(iii) the failure to monitor the use of the power under the 2007 Act to stop
and search on the basis of perceived religious or political opinion was
in breach of the Code of Practice and contrary to Article 8 ECHR in that
it failed to prevent arbitrariness, failed the quality of law test and was
disproportionate;
(iv) the failure to record the basis of the search was contrary to the Code of
Practice and was in breach of the appellant’s Article 8 rights.
Ms Quinlivan QC and Ms Doherty QC appeared for the appellant and
Mr McGleenan QC and Ms Maguire for the PSNI and Secretary of State for
2
Northern Ireland respondents. We are grateful to all counsel for their helpful oral
and written submissions.
Background
[2] Despite a considerable improvement in the security situation in
Northern Ireland subsequent to the Belfast/Good Friday Agreement in April 1998 it
remains the case that there is a considerable element of residual terrorist activity
principally emanating from Dissident Republican groups (“DRs”). The Independent
Reviewer of the 2007 Act in his 6th Report helpfully identified specific major
incidents in the reporting year from 1 August 2012 to 31 July 2013 which provides an
example of the range and extent of activity:
“August 2012 to October 2012
Two pipe bombs, one concealed inside a bicycle, found in
Strand Road in Londonderry on 20 September;
A mortar-type device found in Ardoyne in Belfast on
4 October;
A bomb found near a Catholic church in Dunloy on
9 October;
A pipe bomb thrown at a police patrol responding to a
call from a member of the public in Poleglass, Belfast, on
25 October
November 2012 to January 2013
• The murder of David Black, a prison officer, when
shots were fired at his car on the M1 motorway on
1 November
• Three pipe bombs found in West Belfast on
9 November
• A device found in West Belfast on 12 November
which might have been intended for use as an
under-car bomb
• A pipe bomb thrown at a police vehicle responding
to a call about a burglary in West Belfast on
26 November
• Discovery of a rocket-type device (an Explosively
Formed Projectile, known as an EFP) in
Londonderry on 6 December, following the stopping
and search of a car
3
• Discovery of two firearms and a partially
constructed under-car bomb near Lurgan on
9 December
• A pipe bomb left outside the front door of a private
house near Newry on 14 December
• Discovery of a firearm and grenade during the
search of a house in Londonderry on 20 December
• An under car bomb discovered attached to the car of
a police officer in Belfast on 30 December
• A pipe bomb discovered near Tandragee police
station on 31 December
• A bomb thrown at a house in West Belfast on
31 December
• A pipe bomb handed in to the offices of a
community justice group in West Belfast on
8 January
• A pipe bomb left outside a community centre in
North Belfast on 29 January
• A pipe bomb thrown at a police vehicle in North
Belfast on 30 January
February 2013 to April 2013
• Two pipe bomb devices found by a nun outside the
Sacred Heart chapel in Ballyclare on 1 February
• A pipe bomb found outside a residential property in
Carryduff on 2 February
• Four crude improvised devices found in South
Belfast on 7 February
• A small explosion in the doorway of a house in
Greencastle on 24 February
• A Rocket Propelled Grenade (RPG) and launcher
discovered during a search of a property in West
Belfast on 26 February
• A crude but viable bomb found outside a house in
Londonderry on 2 March
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2 cases
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Ailise Ni Mhurchu's Application
...of the 2007 Act as amended and supported by the new Code of Practice which this court dealt with in Ramsey’s (Steven) Application (No 2) [2020] NICA 14. The court found in agreement with the trial judge that the provisions were in accordance with law. 4 [9] The principal challenge in this c......
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AS1's Application (A minor acting by her mother and next friends) No. 2
...and accessible. The precision with which the law must be defined is related to the measure in question. In Ramsey’s Application [2020] NICA 14 the Court of Appeal also stated that “the nature of the power and the extent of the interference” is relevant in assessing Article 8 compliance. The......