JR 27’s Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 05 June 2009 |
| Neutral Citation | [2009] NIQB 58 |
| Date | 05 June 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
1
Neutral citation no. [2009] NIQB 58 Ref:
WEA7541
Judgment: approved by the Court for handing down Delivered:
05/06/2009
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
JR 27’s Application [2009] NIQB 58
AN APPLICATION FOR JUDICIAL REVIEW BY
JR 27 (Retention of samples)
________
Weatherup J and Morgan J
------------
WEATHERUP J
[1] On 13 March 2009 leave was granted to the applicant to apply for
Judicial Review of the decision of the Chief Constable of the Police Service of
Northern Ireland to retain the applicant’s fingerprints and photographs and
DNA. By the judgment of the European Court of Human Rights in Marper v
The United Kingdom on 4 December 2008, it was held that the schemes for
the retention of such samples in the UK is contrary to the right to respect for
private life under Article 8 of the European Convention. The applicant now
applies for interim relief by way of an order for the destruction of the samples
held by the respondent or alternatively a substantive hearing of the
application for Judicial Review as soon as possible. Mr O’Rourke appears for
the applicant and Mr McMillen appears for the respondent.
[2] On the other hand the respondent seeks a stay of any substantive
hearing, pending a change of the relevant legislation concerning the retention
of samples. A consultation paper has been issued by the Government in
response to the ECtHR decision in Marper and it is anticipated that
amending legislation will be in place in early 2010. In the meantime the
respondent offers an undertaking not to use the samples of the applicant that
are retained pending the hearing of the substantive application for Judicial
Review.
To continue reading
Request your trial