Donegan, Re Application for Judicial Review [2021] NIQB 18 (19 February 2021

Donegan, Re Application for Judicial Review [2021] NIQB 18 (19 February 2021

Leave to apply for judicial review is granted on grounds that there is an arguable case PSNI breached statutory duties under section 55(2) and 55(4) of the Police (Northern Ireland) Act 1998; public interest and discrete statutory construction justify extension of time despite delay; other grounds (Article 2 ECHR, irrationality) are refused as not arguable.

Citation
[2021] NIQB 18
Parties
Applicant: Cris Donegan; Proposed Respondent: Police Service of Northern Ireland (PSNI); Proposed Notice Party: Police Ombudsman for Northern Ireland (PONI)
Jurisdiction
Northern Ireland
Procedural Posture
Judicial Review / Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review granted on statutory grounds; refused on other grounds.
Legal Topics
Statutory Interpretation, Police Ombudsman Referrals, Article 2 ECHR, Delay in Judicial Review, Public Interest
Administrative Law Police Law Human Rights Law Statutory Interpretation Police Ombudsman Referrals Article 2 ECHR Delay in Judicial Review Public Interest

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Parties

Cris Donegan

Applicant

Police Service of Northern Ireland (PSNI)

Proposed Respondent

Police Ombudsman for Northern Ireland (PONI)

Proposed Notice Party

Procedural Posture

Judicial Review / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether PSNI breached statutory duties under section 55(2) and 55(4) of the Police (Northern Ireland) Act 1998 by failing to refer the matter to PONI
  2. 2 Whether the challenge is academic
  3. 3 Whether there is good reason to extend time for bringing the application

Ratio Decidendi

Leave to apply for judicial review is granted on grounds that there is an arguable case PSNI breached statutory duties under section 55(2) and 55(4) of the Police (Northern Ireland) Act 1998; public interest and discrete statutory construction justify extension of time despite delay; other grounds (Article 2 ECHR, irrationality) are refused as not arguable.

Court Disposition

Leave to apply for judicial review granted on statutory grounds; refused on other grounds.

Orders

  • Leave granted to apply for judicial review on grounds of breach of section 55(2) and 55(4) statutory duties.
  • Leave refused on Article 2 ECHR and irrationality grounds.