McCaughey & Anor, Re Application for Judicial Review [2004] NIQB 2 (20 January 2004)

McCaughey & Anor, Re Application for Judicial Review [2004] NIQB 2 (20 January 2004)

The Chief Constable is under a duty to furnish to the Coroner the police report and unredacted intelligence reports as potentially relevant documents under section 8 of the Coroners Act (NI) 1959 and Article 2 ECHR. The DPP directions for no prosecution are not required to be disclosed. The investigation has not proceeded promptly and with reasonable expedition, breaching Article 2, but the Coroner is not in breach as he was not on notice of his Article 2 obligations until November 2003.

Citation
[2004] NIQB 2
Parties
Applicant: Owen McCaughey; Applicant: Pat Grew; Respondent: Chief Constable; Respondent: Coroner
Jurisdiction
Northern Ireland
Judgment Date
20 January 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application granted in part
Legal Topics
Disclosure of Documents, Article 2 ECHR Compliance, Public Interest Immunity, Delay in Inquest Proceedings
Administrative Law Human Rights Law Coroners Law Disclosure of Documents Article 2 ECHR Compliance Public Interest Immunity Delay in Inquest Proceedings

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Parties

Owen McCaughey

Applicant

Pat Grew

Applicant

Chief Constable

Respondent

Coroner

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether police are under a duty to disclose police report and unredacted intelligence reports to the Coroner
  2. 2 Whether DPP directions for no prosecution must be disclosed to the Coroner
  3. 3 Whether delay in inquest proceedings breaches Article 2 ECHR

Ratio Decidendi

The Chief Constable is under a duty to furnish to the Coroner the police report and unredacted intelligence reports as potentially relevant documents under section 8 of the Coroners Act (NI) 1959 and Article 2 ECHR. The DPP directions for no prosecution are not required to be disclosed. The investigation has not proceeded promptly and with reasonable expedition, breaching Article 2, but the Coroner is not in breach as he was not on notice of his Article 2 obligations until November 2003.

Court Disposition

application granted in part

Orders

  • Chief Constable to furnish police report and unredacted intelligence reports to the Coroner
  • No order for disclosure of DPP directions