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Local Judicial Review - Police Ombudsman

Systemic underfunding of Police Ombudsman impeding investigation of complaints

Bell’s (Patricia) Application [2017] NIQB 38

Mr Justice Maguire has ruled that persistent government underfunding of the Police Ombudsman’s office is impeding investigations of complaints against police within a reasonable time. 

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Local Developments

Police misconstrued their legal powers during the ‘flag protest’

DB v Chief Constable of PSNI [2017] UKSC 7

The Supreme Court ruled unanimously that the police had legal powers to stop the ‘flag protests’ that took place in Belfast in December 2012 and continued into March 2013. 

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Local Developments

Leave for judicial review of decision to prosecute mother who procured abortion pills for her daughter

The High Court granted leave to judicially review the decision of the PPS to prosecute a mother for procuring abortion pills for her fifteen year old daughter who wanted to terminate her pregnancy.

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Criminal Law, Local Developments

Leave granted to judicially review request for recordings of testimony of NI conflict

A man who had been formerly linked to the IRA was granted leave to judicially review the PSNI and the Public Prosecution Service for issuing an International Letter of Request (ILOR) concerning recordings held at Boston College.

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PSNI searched man 156 times under anti-terrorism law

The applicant brought a case against the PSNI on the basis that he was subjected to 156 searches between 2009 and 2013 under the Justice and Security (NI) Act 2007.  He was stopped because of alleged dissident republican links.
 

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Criminal Law, Local Developments

Court dismisses challenge to Historical Abuse Inquiry

On 8th April 2016 the High Court dismissed an application for judicial review which challenged the decisions of the Secretary of State for Northern Ireland and the Historical Institutional Abuse Inquiry (HIA).  The applicant, Gary Hoy, was a victim of abuse at the care home.  He sought to bring Kincora Boy’s Home within the remit of a separate Westminster Independent Inquiry into Child Sexual Abuse established by the Home Secretary, from which it was excluded. 

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