JR1’s Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J,Morgan LCJ |
| Judgment Date | 17 January 2011 |
| Neutral Citation | [2011] NIQB 5 |
| Date | 17 January 2011 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2011 |
1
Neutral Citation No.: [2011] NIQB 5 Ref:
MOR8066
Judgment: approved by the Court for handing down Delivered:
17/01/11
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN'S BENCH DIVISION (JUDICIAL REVIEW)
________
JR1’s Application [2011] NIQB 5
IN THE MATTER OF AN APPLICATION BY JR1 FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE CHIEF CONSTABLE
OF THE POLICE SERVICE OF NORTHERN IRELAND TO INTRODUCE
TASERS FOR USE BY THE POLICE SERCVICE OF NORTHERN
IRELAND
AND IN A MATTER OF THE DECISION OF THE NORTHERN IRELAND
POLICING BOARD TAKEN ON 2 OCTOBER 2008
________
MORGAN LCJ
[1] The applicant is an eight-year-old child. She seeks an order quashing
the decision of the Chief Constable to introduce tasers for use by the Police
Service of Northern Ireland. She further seeks an order quashing the decision
of the Northern Ireland Policing Board (the Board) that the decision to deploy
tasers was an operational matter for the Chief Constable and an order
quashing the decision of the Board to support the Chief Constable’s proposal
to introduce tasers.
[2] In addition to the written and oral submissions made on behalf of the
applicant and respondents I have also had the benefit of written
representations on behalf of the Equality Commission for Northern Ireland
(the Commission), the Northern Ireland Commissioner for Children and
Young People and the Children’s Law Centre. I would like to record my
appreciation for the care and skill with which all of the submissions in this
case were made by the parties involved.
Tasers
[3] A taser is a device which can be used to point and fire at an individual.
When the taser is pointed a red laser sight dot appears on the target prior to
2
the discharge of the cartridge. When the cartridge is discharged it releases a
barbed dart attached to the main device by insulated wires. The dart attaches
to the target and an electrical current is transmitted from the main device
through the wires and into the body of the target thereby incapacitating them
by reason of electric current flowing into the body causing loss of muscular
control and pain. It appears that the device has an operational maximum
range of 35 feet although the PSNI guidance recommends its use within 21
feet of the target.
[4] Tasers have been available to police forces in Great Britain since 2003
and are also used by An Garda Síochána. It is contended that they are a far
less lethal option for deployment at incidents which merit the deployment of
firearms by officers. In December 2005 Her Majesty's Inspectorate of
Constabulary recommended that the PSNI examine the acquisition of tasers
for this purpose.
Medical evidence
[5] Research into the medical effects of the use of tasers was conducted by
Kornblum and Reddy in the United States. They analysed sixteen deaths
associated with the use of tasers in Los Angeles in the period 1983 to 1987.
The deceased were males within the age ranges 20 to 40 who had a history of
abuse of controlled substances. The research suggested that the deaths were
not associated with the use of the taser but largely were attributable to drug
use. The research was criticised by Allen in 1992. It was noted that the
research did not report the location of the taser wounds on the body nor was
the number and duration of taser shocks reported. Allen concluded that the
taser contributed to nine of the sixteen deaths. His assessment was that the
taser may be generally safe in healthy adults but pre-existing heart disease,
psychosis and the use of drugs may substantially increase the risk of fatality.
[6] In August 2004 the Canadian Association of Chiefs of Police
commissioned the Canadian Police Research Centre to conduct a
comprehensive review of the existing scientific research and data and provide
a national perspective on the safety and use of tasers in police work in Canada
and across the world. The report, published in August 2005, concluded that
definitive research or evidence did not exist that implicated a causal
relationship between the use of taser and death. Studies indicated that the
risk of cardiac harm to subjects of taser was very low in healthy subjects but
the research called for a greater understanding of taser effects on vulnerable
subjects such as those engaged in substance abuse or mentally ill. Excited
delirium was noted as a possible contributor to deaths as a result of taser use
and police officers needed to be aware of the adverse effects of multiple,
consecutive taser cycles on a subject. Few other injuries had been noted
although there had been instances of muscular contractions, falls and ocular
trauma as a result of a barb striking the eye.
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8 cases
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SK's (A MINOR) Application - acting by SJ1, Her mother and next friend
...is performing.” [35] This case and that dictum were followed by the Court of Appeal in Northern Ireland in JR1s Application [2011] NIQB 5. [36] It must be said here that as the point was not drawn to his attention and as it is not claimed that the Minister raised it himself he could not be ......
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NIPSA’s Application and McCord’s (Vivienne) Application
...over day to day management as to how the police budget is deployed. To similar effect see the observations of Morgan LCJ in Re JR 1 [2011] NIQB 5 at paras [25]-[26] in which he rejected the contention that the Board had any role in controlling the decision of the Chief Constable’s decision ......
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JR87 (By her Mother and Next Friend) and her Father ("G") Application for Judicial Review
...In particular, see Re Neill’s Application [2006] NI 278; Peifer v Castlederg High School and others [2008] NICA 49 and JR1’s Application [2011] NIQB 5. The applicants point to the decision of Maguire J in the case of Toner [2017] NIQB 49 which is the only case in which the courts have found......
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JR130's Application
...of the relevant duties imposed by that provision.” The court’s attention was also drawn to the dicta of Morgan LCJ in JR1’s Application [2011] NIQB 5 at paras [27]-[34] and the decision of Maguire J in McCords’ (Raymond) Application [2016] NIQB 85 and Deeny J in SK’s Application [2017] NIQB......
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