March 2016

This case concerned an appeal under Scots Law from a decision of the Lord Ordinary on a petition for judicial review.  The petitioner suffered from Parkinson’s disease and anticipated that eventually he would require assistance to end his life.  He sought clarification as to the factors that would be taken into account in deciding whether or not to prosecute the person who assisted him.

On 15th March 2016, Mr Justice Treacy allowed a judicial review which challenged the Prison Service Policy that permits forced strip searches to be recorded and retained for a period of six years. 

Rule 16 of the Prison and Young Offenders’ Centre Rules (NI) 1996 permits forcible searching where prisoners refuse to provide consent.  However, prisoners must not be required to undress in the sight of another prisoner or any person other than the officers conducting the search.

The cases heard were appeals against murder convictions which had been based on the principle of joint enterprise.  The appellants alleged that the cases of Chan Wing-Siu (1985) and Powell and English (1999) and the cases which followed them had been wrongly decided.

In Jogee’s case, it was alleged that he encouraged his co-defendant to commit murder, although he was not inside the house when the incident took place. 

On 3^rd March 2016 the High Court ruled that police interview tapes of persons detained under the Terrorism Act can only be used in certain circumstances: for criminal or civil proceedings and for the purpose of investigating a complaint of ill treatment in relation to the interview itself.  The tapes cannot be used to progress other cases or to inform future investigations.