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 PSNI had facilitated illegal and sometimes violent parades with the effect, for a period of time at least, of undermining the 1998 Act in breach of their duties under section 32 of the Police (Northern Ireland) Act 2000 and in breach of the respondent’s Article 8 rights under the Convention. The respondent submitted an amended Order 53 statement to accord with the manner in which the hearing developed.

Judges:

Treacy J

Citations:

[2014] NIQB 55

Links:

Bailii

Statutes:

Police (Northern Ireland) Act 2000 32, Police and Criminal Evidence (Northern Ireland) Order 1989 26

Jurisdiction:

Northern Ireland

Cited by:

Appeal fromDB, 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 . .
At QBNIDB 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: 09 July 2022; Ref: scu.526647