A Police Officer’s Application (Leave Stage)
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 08 February 2012 |
| Neutral Citation | [2012] NIQB 3 |
| Date | 08 February 2012 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2012 |
1
Neutral Citation No. [2012] NIQB 3 Ref:
McCL8395
Judgment: approved by the Court for handing down Delivered:
08/02/12
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
______
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
A Police Officer’s Application (Leave Stage) [2012] NIQB 3
IN THE MATTER OF AN APPLICATION BY A POLICE
OFFICER FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
________
McCLOSKEY J
[1] This judgment determines the question of whether the Applicant’s identity
should be protected by the grant of anonymity by the court. The context in which
this issue falls to be determined is an application for leave to apply for judicial
review which was heard as an urgent matter. Mr. McQuitty (of counsel) appeared
on behalf of the Applicant, while Mrs. Chamberlain (of the Crown Solicitor’s Office)
represented the proposed Respondent, the Chief Constable of the Police Service for
Northern Ireland. I ruled that the application failed to overcome the established
threshold of arguability and, accordingly, leave to apply for judicial review was
refused.
[2] The Applicant was at the material time a serving police officer. The
application for leave to apply for judicial review proceeded on the eve of a
misconduct hearing. The misconduct charge was based on the Applicant’s refusal to
submit to a so-called “with cause intelligence led drugs test” in the course of his
employment. There is a parallel, though unrelated, process relating to the Applicant.
This arises out of his arrest for suspected possession of cannabis resin approximately
one month previously. This matter is currently the subject of consideration by the
Public Prosecution Service. In pursuing his application for leave to apply for judicial
review, the Applicant contended that if the misconduct hearing were to proceed it
could conceivably prejudice the fairness of any future prosecution of him. His
secondary contention, advanced somewhat diffidently, was that the misconduct
hearing itself might be unfair. The Applicant sought relief accordingly. Having
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Anakaa vs FirstSource Solutions Ltd
...[2010] NIQB 108, XY x Facebook (Ireland) Ltd [2012] NIQB 96 and Re: A Police Officer’s Application for leave to apply for Judicial Review [2012] NIQB 3. Although these judgments relate to very different factual situations to those which arise in the present proceedings, I am satisfied that ......
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R v HNC
...jurisdiction which considered anticipated treatment in contravention of Article 3 ECHR was A Police Officer’s Application (Leave Stage) [2012] NIQB 3. In that case McCloskey J considered the question of granting anonymity to an applicant for judicial review. The application for anonymity re......
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ZY and Paul Higgins and Northern Ireland Courts and Tribunals Service
...ordered that the Plaintiff be permitted to litigate in anonymised form, by the use of a cipher (see Re A Police Officer’s Application [2012] NIQB 3 and XY – v – Facebook Ireland [2012] NIQB 96). Fast track litigation measures were then applied, with the result that the substantive trial pro......
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KL and NN v Sunday Newspapers Limited
...[17] of X v Dartford and Gravesham NHS Trust [2015] 1 WLR 3647; [2015] EWCA Civ 96, Re A Police Officer’s Application (leave stage) [2012] NIQB 3 and JIH v Stock News Group Newspapers [2011] 1 WLR 1645. The requirement for the plaintiffs to use their names can also be discerned from Order 6......
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