Swann’s (Richard) Application
| Jurisdiction | Northern Ireland |
| Judge | Horner J |
| Judgment Date | 13 June 2014 |
| Neutral Citation | [2014] NIQB 81 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 13 June 2014 |
| Year | 2014 |
1
Neutral citation No: [2014] NIQB 81 Ref: HOR9190
Judgment: approved by the Court for handing down Delivered: 13/06/14
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Swann’s (Richard) Application [2014] NIQB 81
IN THE MATTER OF AN APPLICATION BY RICHARD SWANN FOR
JUDICIAL REVIEW
and
IN THE MATTER OF THE SERVICE ON HIM ON 6 AUGUST 2012 OF
A HARBOURER’S WARNING NOTICE
and
IN THE MATTER OF THE SERVICE ON HIM ON 4 DECEMBER 2012 OF
A HARBOURER’S WARNING NOTICE
________
HORNER J
INDEX
Summary [1]-[3]
Introduction [4]-[6]
The Facts [7]-[21]
Order 53 Statement [22]
HWNs [23]-[24]
Relevant statutory provisions [25]
Grounds of challenge [26]-[55]
Illegality [26]-[31]
Unfairness [32]-[39]
Article 6 of ECHR [40]-[46]
Article 8 of ECHR [47]-[56]
Relief [57]
2
Summary
[1] The applicant, a man in his middle age, seeks to set aside two Harbourer’s
Warning Notices (“HWNs”) which were issued by the Police Service of Northern
Ireland (“the Police”) and are dated 6 August 2012 and 4 December 2012
respectively.
[2] The first HWN relates to B and the second HWN to MC, both of whom are
girls who were then under the age of 16 years. The HWNs label the applicant a
harbourer and a suspect and confirm that the parents/guardians of both these girls
have banned their children’s contact with the applicant. The HWNs claim that non-
compliance by the applicant with them should lead to his arrest for child abduction.
The facts relating to the service of the Notices are logged onto the Police Information
Service where they will remain and can have serious consequences for anyone,
especially if he is in an occupation or hoping to have an occupation caring for
children or vulnerable adults. At the time, the applicant, now retired, worked with
adults with learning difficulties. These Notices were served without any reasonable
investigation, without the applicant being given the opportunity to put his side of
what happened, are not subject to review, there is no appeal from them and they
remain on the Police “files” for an unspecified period of time .
[3] The Court finds as a matter of law that the Police are legally entitled to issue
and serve HWNs pursuant to section 32(1) of the Police Act (NI) 2000. On the facts
of this case the Police acted unfairly by failing to carry out any investigation, save
one that appears to have been superficial and incomplete, before they served the
HWNs, and in particular by failing to give the applicant an opportunity to put his
version of events. The service of the HWNs was not a breach of Article 6 of the
European Convention on Human Rights (“ECHR”) because the HWNs did not
determine any civil rights or obligations of the applicant. However, the Police were
in breach of the applicant’s Article 8(1) rights and what they did was not in
accordance with the law and/or was not proportionate.
Introduction
[4] The applicant challenges the service upon him of two HWNs dated 6 August
2012 and 4 December 2012. He seeks an Order of Certiorari quashing both HWNs
and declarations as to their unlawfulness.
[5] These HWNs, also known in some areas of the United Kingdom as Child
Abduction Warning Notices, are used by police forces throughout the
United Kingdom. Detective Superintendent Skelton, who swore an affidavit on
behalf of the Police, said:
“Essentially the purpose of the Harbourer’s Warning
Notice is an administrative process to act as a formalised
record of a warning to the subject that a person enjoying
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2 cases
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Cavanagh's (Mark) Application
...ensuring that the decision-maker receives all relevant information and that it is properly tested.” [62] I note that in the case of Swann [2014] NIQB 81 the procedure adopted by police was found to be unfair in the context of a safe harbour notice. I was also referred to the case of BM1 [20......
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BM1's Application
...[2006] NIQB 81 and Re JR57 [2013] NIQB 33.” [52] In particular, Ms Doherty places emphasis on the judgment of Horner J in Re Swann [2014] NIQB 81. [53] In that case the court was considering the issuing of two Harbourer’s Warning Notices (‘HWN’). In his judgment Horner J explains the nature......
1 books & journal articles
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Police misunderstanding the scope of public order powers in Northern Ireland
...UKHL 5, [2009] 1 AC 564.5. [2017] UKSC 7 at [12].6. Ibid. at [1].7. Ibid. at [2].8. Ibid.9. [1966] 2 QB 414.10. Ibid. at 419.11. [2014] NIQB 81.12. Ibid. at [31].13. Stationery Office, Belfast, January 1997.14. See s. 16 of the Public Order Act 1986, and s. 17(1) of the Public Processions (......