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Hughes, Re Application for Judicial Review v A Lay Magistrate and Another: QBNI 9 Dec 2021

(i) whether the judicial officer concerned, a Lay Magistrate, in acceding to two inter-related applications by the police and issuing two search warrants as requested, had the state of mind mandated by Article 10 PACE and (ii) whether the police applications were compliant with the requisite legal requirements. The applicant invites resolution of both questions in her favour and, further, contends that the searches executed by the police pursuant to the impugned warrants infringed her rights under Article 8 ECHR, contrary to section 6 of the Human Rights Act 1998.

Mccloskey LJ
[2021] NIQB 113
Bailii
Police and Criminal Evidence (NI) Order 1989 10, European Convention on Human Rights 8
Northern Ireland

Magistrates, Police, Human Rights

Updated: 06 January 2022; Ref: scu.670946

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