Wood’s (David) Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2014 |
| Neutral Citation | [2014] NIQB 119 |
| Date | 13 October 2014 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2014] NIQB 119 Ref: WEA9393
Judgment: approved by the Court for handing down Delivered: 13/10/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
IN THE DIVISIONAL COURT
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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Wood’s (David) Application [2014] NIQB 119
AN APPLICATION BY DAVID WOOD FOR JUDICIAL REVIEW
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Morgan LCJ, Girvan LJ and Weatherup J
WEATHERUP J (delivering the judgment of the Court)
[1] The applicant applies for judicial review of a decision of a constable of the
Police Service of Northern Ireland made on 24 March 2014 requiring the applicant,
who has been charged with drugs offences, to provide a non-intimate sample for
evidential purposes. Mr Sayers appeared for the applicant and Mr Coll for the Police
Service of Northern Ireland, the respondent.
[2] The applicant was arrested on 13 May 2013 on suspicion of possession of
drugs. On the same date the applicant was charged with cultivating cannabis,
possessing a Class B controlled drug with intent to supply and possession of a Class
B controlled drug. He appeared before Omagh Magistrates’ Court on 14 May 2013
and was remanded in custody. Bail was granted on 4 December 2013. No evidential
DNA sample was taken from the applicant in the course of the investigation.
[3] Police Constable Prime was appointed investigating officer on 23 October
2013. On 18 November 2013, while the applicant was on remand in custody at HMP
Maghaberry, PC Prime, through Prison Liaison, requested that the applicant provide
a casework DNA sample. The applicant refused that request on 5 December 2013.
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Queen v Francis Lanigan
...if he has been charged with a recordable offence and has not had a non-intimate sample taken by the police. In David Wood’s Application [2014] NIQB 119 the Divisional Court held that this power was also caught by the one month time limit: “[27] The power to take a non-intimate sample under ......