Fox (Bernard) and McNulty's (Christine) Application and Canning's (Marvin) Application
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 2013,09 May 2013 |
| Neutral Citation | [2013] NICA 19 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2013 |
| Date | 09 May 2013 |
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Neutral Citation No. [2013] NICA 19 Ref:
GIR8854
Judgment: approved by the Court for handing down Delivered:
09/05/2013
(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)
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Fox (Bernard) and McNulty's (Christine) Application and Canning's (Marvin)
Application [2013] NICA 19
_______
IN THE MATTER OF AN APPLICATION BY BERNARD FOX
AND CHRISTINE McNULTY FOR JUDICIAL REVIEW
AND IN THE MATTER OF AN APPLICATION BY MARVIN CANNING
FOR JUDICIAL REVIEW
_______
Before: Morgan LCJ, Girvan LJ and Coghlin LJ
________
GIRVAN LJ (delivering the judgment of the court)
INTRODUCTION
[1] The present appeals relate to two separate sets of judicial review proceedings
which we have heard together as were the proceedings at first instance before
Treacy J. The proceedings raise issues relating to the lawfulness of the power of the
Police Service of Northern Ireland (“PSNI”) to stop and question and to stop and
search individuals under the provisions of section 21 and section 24 of the Justice
and Security (Northern Ireland) Act 2007.
[2] In the application brought by Marvin Canning Mr Macdonald QC SC
appeared with Mr Devine for the applicant/appellant. In the applications brought
by Bernard Fox and Christine McNulty Ms Quinlivan QC appeared for the
applicants/appellants with Ms Doherty. Dr McGleenan QC appeared with
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Ms Maguire for the respondent. The court is grateful to all counsel for well
marshalled and helpful submissions.
The statutory context
[3] Section 21 of the 2007 Act provides under the heading “Stop and Question”:
“(1) A member of Her Majesty's forces on duty or a
constable may stop a person for so long as is
necessary to question him to ascertain his identity and
movements.
(2) A member of Her Majesty's forces on duty may
stop a person for so long as is necessary to question
him to ascertain—
(a) what he knows about a recent explosion
or another recent incident endangering
life;
(b) what he knows about a person killed or
injured in a recent explosion or incident.
(3) A person commits an offence if he—
(a) fails to stop when required to do so
under this section,
(b) refuses to answer a question addressed
to him under this section, or
(c) fails to answer to the best of his
knowledge and ability a question
addressed to him under this section.
(4) A person guilty of an offence under this section
shall be liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
(5) A power to stop a person under this section
includes a power to stop a vehicle (other than an
aircraft which is airborne).”
[4] Section 24 which relates to searches for munitions and transmitters provides
that Schedule 3 (which confers powers to search for munitions and transmitters)
shall have effect. Schedule 3 so far as material provides as follows:
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