Re Chambers' Application for Leave to Apply for Judicial Review

JurisdictionNorthern Ireland
CourtQueen's Bench Division (Northern Ireland)
Judgment Date2005
Neutral Citation[2005] NIQB 27
1
Judicial review decision not to promote constable subject to a criminal charge
whether Article 1 Protocol 1 engaged whether office of constable a possession
whether decision proportionate whether public perception of promotion a relevant
consideration.
Neutral Citation No. [2005] NIQB 27
Ref:
GIRC5237
Judgment: approved by the Court for handing down
Delivered:
08/04/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY CAROLINE CHAMBERS
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
________
GIRVAN J
[1] The applicant, a serving officer in the Police Service of Northern
Ireland, (“the PSNI”) seeks an order of certiorari to quash a decision of PSNI
dated 21 October 2004 confirmed by letter of 22 November 2004 that she was
not to be promoted to the rank of sergeant effective on 1 November 2004. She
also seeks an order of mandamus requiring the PSNI to reconsider the
applicant’s case in accordance with the law together with a declaration that
the decision was unlawful, ultra vires, disproportionate and in breach of
Article 1 Protocol 1 of the Convention.
[2] The applicant had been a serving police officer for some 7 years. In
2003 she successfully underwent a series of PSNI promotion examinations
and was placed on a select list for promotion. It was subsequently confirmed
to her that she was to be promoted to the rank of sergeant with effect from
1 November 2004. However, on 22 October 2004 she was verbally informed
by PSNI Human Resources that she was not to be promoted as she was a
subject of a criminal disciplinary investigation relating to a driving incident
while on duty that occurred at 6.00 am on 24 June 2003. This incident
occurred during an incident when she was a driver of a police vehicle that
assisted in the arrest of individuals in a vehicle alleged to have been involved
in the kidnap of a child. The offenders’ vehicle, according to the applicant,
collided with the police vehicle. The driver of the offenders’ vehicle was
eventually arrested and was subsequently charged with a number of serious

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4 cases
  • McGurnaghan,Irvine vs Chief Constable of the Police,The Police Service
    • United Kingdom
    • Industrial Tribunal (NI)
    • 13 Diciembre 2012
    ...might pursue by way of civil proceedings nor may he take proceedings for unfair dismissal [tribunal’s emphasis].” Finally, in Re Chambers [2005] NIQB 27 Girvan J held:- “In essence a police force is a number of individual constables whose status arises from the common law, organised togethe......
  • Chief Constable of the Police Service of Northern Ireland (PSNI) v Agnew (Alexander) and Others
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 17 Junio 2019
    ...on by the individual; and any reference to a worker's contract shall be construed accordingly” (emphasis added). [51] In Re Chambers [2005] NIQB 27, Girvan J held that “a member of the police force of whatever rank, in carrying out his duties as a constable acts as an officer of the Crown a......
  • Colville's (Pamela) Application
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 13 Enero 2017
    ...of authorities dealing specifically with the position of police officers. As a result of such authorities as Re Chambers Application [2005] NIQB 27 there is, for example, no dispute now about the fact that a police officer is an office holder not an employee. But there is happily now a rang......
  • Agnew Anderson,and others vs Chief Constable of the Police,Police Authority for Northern
    • United Kingdom
    • Industrial Tribunal (NI)
    • 2 Noviembre 2018
    ...That has to be a decision for the individual constable, for which he carries individual responsibility. 108. In Re Chambers [2005] NIQB 27, Girvan J (as he then was) “In essence a police force is a number of individual constables whose status arises from the common law, organised together i......

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