PQ and RS, Re Application for Judicial Review [2021] NIQB 73 (27 August 2021)

The applications are wholly collateral to the criminal proceedings against Soldier F and do not fall within the exception of 'criminal cause or matter' under section 35 of the Judicature Act; they will be heard by a single judge.

Citation: [2021] NIQB 73
Parties: Applicant: PQ; Applicant: RS; Proposed Respondent: PSNI; Proposed Respondent: PPS; Proposed Notice Party: Soldier F
Jurisdiction: Northern Ireland
Judgment Date: 27 August 2021
Procedural Posture: Judicial Review / Preliminary Issue Determination
Outcome: Applications do not constitute a criminal cause or matter; will be heard by a single judge.
Legal Topics: Disclosure Obligations, Criminal Cause or Matter, Appeal Rights, Data Retention, Reputation in Criminal Proceedings

Criminal Law Public Law Data Protection Disclosure Obligations Criminal Cause or Matter Appeal Rights Data Retention Reputation in Criminal Proceedings

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Parties

Applicant

PSNI

Proposed Respondent

PPS

Proposed Respondent

Soldier F

Proposed Notice Party

Procedural Posture

Judicial Review / Preliminary Issue Determination

Legal Issues

1 Whether the applications constitute a 'criminal cause or matter' under the Judicature (Northern Ireland) Act 1978
2 Impact of disclosure of impugned information on criminal proceedings
3 Classification of judicial review proceedings as collateral or integral to criminal process

Ratio Decidendi

Court Disposition

Applications do not constitute a criminal cause or matter; will be heard by a single judge.

Orders

Issue of costs reserved
Parties to be heard on timetable for determination of leave application