McR, Re an Application for Judicial Review [2002] NIQB 58 (15 January 2002)

McR, Re an Application for Judicial Review [2002] NIQB 58 (15 January 2002)

Section 62 of the Offences against the Person Act 1861 is incompatible with Article 8 of the European Convention on Human Rights, and the prosecution of the applicant under this section would violate his Article 8 rights.

Citation
[2002] NIQB 58
Parties
Applicant: McR; Respondent: The Crown
Jurisdiction
Northern Ireland
Judgment Date
15 January 2002
Procedural Posture
Judicial Review / Judgment
Outcome
application granted
Legal Topics
Declaration of Incompatibility, Article 8 ECHR, Section 62 Offences Against the Person Act 1861, Human Rights Act 1998, Certiorari
Criminal Law Human Rights Law Declaration of Incompatibility Article 8 ECHR Section 62 Offences Against the Person Act 1861 Human Rights Act 1998 Certiorari

Case Brief

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Parties

McR

Applicant

The Crown

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether section 62 of the Offences against the Person Act 1861 is incompatible with Article 8 of the European Convention on Human Rights
  2. 2 Whether the applicant's prosecution under section 62 violates his Article 8 rights

Ratio Decidendi

Section 62 of the Offences against the Person Act 1861 is incompatible with Article 8 of the European Convention on Human Rights, and the prosecution of the applicant under this section would violate his Article 8 rights.

Court Disposition

application granted

Orders

  • Declaration of incompatibility made under section 4 of the Human Rights Act 1998
  • Order of certiorari quashing the remand of the applicant under section 62 of the Offences against the Person Act 1861