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Northern Ireland Case Law

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Human rights [2021] NICA 17

Mhurchu, Re Application for Judicial Review

Mhurchu, Re Application for Judicial Review [2021] NICA 17 (26 February 2021)

The Court of Appeal in Northern Ireland held the stop-and-search regime under the Justice and Security (NI) Act 2007 was lawful, including as applied to children.

  • Stop and search powers
  • Children's rights
  • Article 8 echr
  • Article 14 echr
  • Justice and security (ni) act 2007
  • Code of practice
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Public law [2018] NIQB 83

Ramsey, Re Judicial Review ("No 2")

Ramsey, Re Judicial Review ("No 2") [2018] NIQB 83 (1 November 2018)

The High Court held that Northern Ireland stop-and-search powers were adequately safeguarded and Article 8-compliant, but the PSNI breached the Code by not recording the basis for each search.

  • Stop and search
  • Article 8 echr
  • Justice and security act (northern ireland) 2007
  • Code of practice
  • Legal safeguards
  • Quality of law
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Public law [2018] NIQB 64

AMM (A Minor) v The Police Service of Northern Ireland & Anor

AMM (A Minor) v The Police Service of Northern Ireland & Anor [2018] NIQB 64 (05 October 2018)

The court refused judicial review leave for most alleged stop-and-search incidents as time-barred, but granted leave for one alleged search on 12 December 2017.

  • Judicial review
  • Stop and search powers
  • Human rights act 1998
  • Article 8 echr
  • Article 14 echr
  • Discrimination (age)
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Public law [2014] NIQB 62

McAreavy, Re Judicial Review

McAreavy, Re Judicial Review [2014] NIQB 62 (9 May 2014)

Judicial review over stop-and-search records and the Northern Ireland Code of Practice. The court held the consultation process was unlawful because a fundamental change had not been re-consulted.

  • Stop and search
  • Code of practice
  • Consultation requirements
  • Article 8 echr
  • Justice and security (northern ireland) act 2007
  • Judicial-review
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Human rights law [2014] NIQB 59

Ramsey, Re Judicial Review

Ramsey, Re Judicial Review [2014] NIQB 59 (8 May 2014)

Judicial review challenging Northern Ireland stop-and-search powers under the Justice and Security Act 2007 was dismissed after the court found sufficient safeguards under the Code and authorisation regime.

  • Stop and search powers
  • Article 8 echr
  • Justice and security act (ni) 2007
  • Code of practice
  • Quality of law test
  • Proportionality
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About this LexChat collection

Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.