In the matter of an application for Judicial Review by S, a minor, by his mother and next friend
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 06 September 2007 |
| Neutral Citation | [2007] NIQB 63 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 06 September 2007 |
| Year | 2007 |
1
Neutral Citation no. [2007] NIQB 63 Ref:
KERF5922
Judgment: approved by the Court for handing down Delivered:
06/09/07
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY S, a
minor, by his mother and next friend
__________
Before Kerr LCJ, Higgins LJ and Gillen J
__________
KERR LCJ
Introduction
[1] The applicant in this case is a defendant in Youth Court proceedings. He
faces charges in relation to the alleged indecent assault of another young
person. Nothing should be reported about these proceedings that would tend
to reveal the identity of the applicant or the complainant.
[2] This is an application for judicial review of the decision of the Public
Prosecution Service (PPS) not to seek medical notes and records including
counselling records relating to the alleged victim of the indecent assault. The
applicant’s solicitors had requested PPS to obtain these records so that they
could be examined for the presence of any inconsistency in the accounts given
by the complainant.
Factual background
[3] On 28 May, 2005 the complainant, (who is a relative of the applicant and
some years younger; we shall refer to him as H), was staying with S at the
home of a mutual relative. H alleges that after both boys had been watching a
video in a bedroom S indecently assaulted him. S denied these allegations in
interview stating that H was a ‘drama queen’ and that ‘he makes up stuff.’ In
the defence statement served on behalf of the applicant, it is stated that he
relies on these answers to contest the charge that has been preferred against
him.
To continue reading
Request your trial