Duffy v City Of London Police & Ors [2021] NIQB 49 (13 May 2021)

Duffy v City Of London Police & Ors [2021] NIQB 49 (13 May 2021)

On a proper construction of the Petty Sessions (Ireland) Act 1851, there is no power under that legislation to back search warrants for execution in Northern Ireland in respect of offences committed in England and Wales; section 31 only authorises execution by arrest, committal, or levy, not search.

Citation
[2021] NIQB 49
Parties
Applicant: Terrence Duffy; First Respondent: The Commissioner of the City of London Police; Second Respondent: The Magistrate Sitting at Westminster Magistrates’ Court; Third Respondent: The Lay Magistrate Residing in Belfast; Interested Party: The Secretary of State for the Home Department
Jurisdiction
Northern Ireland
Judgment Date
13 May 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judicial review allowed; impugned warrants quashed.
Legal Topics
Search Warrants, Jurisdiction, Statutory Interpretation, Mutual Backing of Warrants
Criminal Law Administrative Law Constitutional Law Search Warrants Jurisdiction Statutory Interpretation Mutual Backing of Warrants

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Parties

Terrence Duffy

Applicant

The Commissioner of the City of London Police

First Respondent

The Magistrate Sitting at Westminster Magistrates’ Court

Second Respondent

The Lay Magistrate Residing in Belfast

Third Respondent

The Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Petty Sessions (Ireland) Act 1851 provides a process for the execution in Northern Ireland of a search warrant in respect of an offence committed in England and Wales
  2. 2 Proper construction of section 31 of the 1851 Act regarding backing and execution of search warrants

Ratio Decidendi

On a proper construction of the Petty Sessions (Ireland) Act 1851, there is no power under that legislation to back search warrants for execution in Northern Ireland in respect of offences committed in England and Wales; section 31 only authorises execution by arrest, committal, or levy, not search.

Court Disposition

Judicial review allowed; impugned warrants quashed.

Orders

  • The impugned search warrants are quashed.
  • Parties to agree the form of the final Order including appropriate remedy within 14 days.