McVeigh’s (Sean) Application
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 06 May 2014 |
| Neutral Citation | [2014] NIQB 57 |
| Date | 06 May 2014 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2014 |
1
Neutral Citation No. [2014] NIQB 57 Ref:
COG9255
Judgment: approved by the Court for handing down Delivered:
06/05/2014
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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McVeigh’s (Sean) Application [2014] NIQB 57
IN THE MATTER OF AN APPLICATION BY SEAN McVEIGH
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS BY:
(1) A LAY MAGISTRATE OF THE COUNTY COURT DIVISION OF
CRAIGAVON TO ISSUE A SEARCH WARRANT UNDER SCHEDULE 5
SECTION 1(2) OF THE TERRORISM ACT 2000 ON 1 NOVEMBER 2012 AND
(2) THE POLICE SERVICE OF NORTHERN IRELAND:
(i) TO SEEK A SEARCH WARRANT ON 1 NOVEMBER 2012
(ii) TO SEARCH THE APPLICANT’S PROPERTY ON 2 NOVEMBER
2012 AND TO SEIZE AND RETAIN THE APPLICANT’S GOODS
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Before: Morgan LCJ, Coghlin LJ and Weatherup J
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COGHLIN LJ (delivering the judgment of the court)
[1] This is an application on behalf of Sean McVeigh (“the applicant”) for leave to
apply for judicial review of decisions taken, respectively, by the Police Service of
Northern Ireland (“PSNI”) and a Lay Magistrate in the County Court Division of
Craigavon to apply for and to grant a search warrant in respect of the applicant’s
property on 1 November 2012 in accordance with the provision of Schedule 5 of the
Terrorism Act 2000 (“the 2000 Act”). For the purposes of the application the
applicant was represented by Mr Barry Macdonald SC QC and
Mr Malachy McGowan while Mr Paul McLaughlin represented the PSNI and
Mr Peter Coll appeared for the Lay Magistrate. This court is grateful to all three sets
of counsel for their helpful and constructive written and oral submissions.
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3 cases
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Hughes' (Andrea) Application v A Lay Magistrate and The Police Service of Northern Ireland
...improper and a misuse of the judicial review mechanism …. (see R v DPP, ex parte Kebilenee [2000] 2 AC 326 and Re McVeigh’s Application [2014] NIQB 57). …” There is no extant prosecution of the applicant. In passing, the further evidence provided to the court indicates that (a) on the day f......
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B's Application for leave to apply for Judicial Review
...against satellite litigation in criminal cases - see the review by Coghlin LJ of the leading authorities Re McVeighs’s Application [2014] NIQB 57 at paras [8]–[11]. There may however exist exceptional circumstances which justify departure from the general rule forbidding satellite litigatio......
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Public Prosecution Service and Shane Devine
...that would preclude satellite litigation which is but one aspect of the general public interest principle: see Sean McVeigh’s Application [2014] NIQB 57 at para [10] and also Montgomery v Loney [1959] NI 71. 12 Question 2 [35] It seems that in refusing to hear an application under Section 8......