In the Matter of an Application by "W" for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NIQB 67 |
| Date | 27 October 2004 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2004] NIQB 67
Ref:
WEAC5107
Judgment: approved by the Court for handing down
Delivered:
27/10/2004
(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 BY “W”
FOR JUDICIAL REVIEW
________
WEATHERUP J
The Application.
[1] This is an application for judicial review of the decisions of the
Secretary of State for Northern Ireland and the Chief Constable of the Police
Service for Northern Ireland in relation to the provision of home protection
measures for the applicant. In a decision dated 27 April 2004 the Secretary of
State refused the applicant admission to a scheme known as the Key Persons
Protection Scheme (“the Scheme”) and refused additional home protection
measures outwith the Scheme.
The Scheme.
[2] The Scheme is a non-statutory discretionary scheme operated by the
Secretary of State for Northern Ireland. The aim of the Scheme is stated to be
to protect those whose death or injury as a result of terrorist attack could
damage or seriously undermine the democratic framework of Government,
the effective administration of Government and/or the criminal justice
system, or the maintenance of law and order. Admission to the Scheme may,
in the first place, apply to persons working in specified jobs or occupations
who will normally qualify for inclusion if assessed by the Chief Constable as
being under serious or significant threat (the occupation criterion). Secondly,
admission to the Scheme may apply to persons not engaged in one of the
specified occupations but who would perform a wider public role which
makes a positive and helpful contribution to the realisation of the objections
of the Scheme. Again it is necessary that the person be assessed by the Chief
Constable as being under serious or significant threat (the wider public role
criterion). Thirdly, the Secretary of State operates a residual basis for
admission to the Scheme where there are compelling political reasons.
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