DB, Re Judicial Review: CANI 1 Jul 2014

A complaint was made that the police had failed properly to understand and implement their duties in managing partisan marches in Northern Ireland.
Held: the 1998 Act had not been undermined by the decisions and actions of the police in relation to the parades. The steps taken by the police to protect the article 8 rights of the appellant and other residents of Short Strand were proportionate.
The incomplete enactment of the North report created a particular difficulty for the police:
‘The North Report recognised that under its proposals there would still remain that cohort of parades that were last minute or unforeseen. It considered that in those circumstances the parades should be controlled by police using their public order powers. The problem for police, which the circumstances in this case demonstrate, is that the partial implementation of the North Report has left a larger cohort of parades outside the Parades Commission’s jurisdiction. In particular, the PSNI have to deal with unnotified parades using their available public order powers including the right of arrest in respect of the organisation or participation in such parades and the prevention of such unlawful parades in accordance with the duty under section 32 of the 2000 Act to prevent crime.’

Judges:

Morgan LCJ, Girvan LJ and Weir J

Citations:

[2014] NICA 56

Links:

Bailii

Statutes:

The Public Processions (Northern Ireland) Act 1998

Jurisdiction:

Northern Ireland

Citing:

Appeal from – DB, Re Judicial Review QBNI 28-Apr-2014
The court granted the respondent’s application for judicial review of the policing by PSNI of certain parades which had not been notified in accordance with the requirements of the Public Processions (Northern Ireland) Act 1998, finding that the . .

Cited by:

Appeal from – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 10 July 2022; Ref: scu.537092