Contains public sector information licensed under the Open Justice Licence v1.0.
Reynolds, Application for Judicial Review (Re Decisions of the Chief Constable of the Police Service of Northern Ireland)
Factual and Procedural Background
The Appellant challenges the legality of police officers' conduct on multiple occasions between July 2019 and July 2020. On each occasion, police stopped a vehicle in which the Appellant was travelling, searched the vehicle, and searched the Appellant outside the vehicle. The High Court dismissed the Appellant’s application for judicial review, and this appeal followed. The Appellant’s case comprises two grounds: (a) that the searches were ultra vires, and (b) that there was a failure to comply with a code of practice requirement.
Legal Issues Presented
- Does paragraph 4A(2) of Schedule 3 to the Justice and Security Act (NI) 2007 empower a constable to stop a vehicle in a specified area or place and to search inside the vehicle an occupant thereof without reasonable suspicion?
- Whether the Police Service’s failure to devise and implement a methodology for monitoring the community background of those subject to stops and searches under the Code of Practice renders the exercise of stop and search powers unlawful.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Gillan v United Kingdom [2010] 50 EHRR 45 | Established that stop and search powers without adequate safeguards violate Article 8 ECHR; emphasized the need for powers to be "in accordance with the law" and circumscribed to prevent arbitrary or discriminatory use. | Used to explain the statutory context and to emphasize the necessity of clear legal safeguards and limitations on stop and search powers. |
| Collins v Wilcock [1984] 1 WLR 1172 | Affirmed the fundamental principle that any touching of a person requires express statutory justification due to the inviolability of the person. | Supported the requirement for express statutory language authorizing searches of persons. |
| Morris v Beardmore [1981] AC 446 | Parliament must expressly authorize acts that would otherwise be tortious; presumption against authorizing tortious conduct without express provision. | Reinforced the need for clear statutory authority for stop and search powers. |
| R (Roberts) v Commissioner of Police of the Metropolis [2015] UKSC 79 | Stop and search powers require parliamentary authority and must be subject to constraints and safeguards. | Emphasized the constitutional principle and illegality of searches without statutory authority. |
| Osman v Southwark Crown Court [1999] 163 JP 725 | Where statutory power authorizes search without reasonable suspicion, express language is required. | Considered but not expressly approved or disapproved; principle accepted as non-contentious. |
| Sunday Times v United Kingdom [1979] 2 EHRR 245 | Clarified requirements for legality under the ECHR including accessibility, foreseeability, and safeguards against arbitrary interference. | Informed the court’s analysis of the "in accordance with the law" standard. |
| The Christian Institute v The Lord Advocate [2016] UKSC 51 | Reiterated the need for clarity and precision in legislation affecting fundamental rights. | Supported the legal framework for assessing statutory powers. |
| R (T) v Chief Constable of Greater Manchester Police [2015] AC 49 | Distinguished legality from necessity in assessing interference with rights; emphasized no margin of appreciation for legality. | Guided the court’s approach to legality and proportionality in stop and search powers. |
| R (on the application of O) v Secretary of State for the Home Department [2022] UKSC 3 | Statutory interpretation requires identifying the meaning of words in context and purpose of legislation. | Applied in construing the statutory provisions under challenge. |
| R (Quintavalle) v Secretary of State for Health [2003] UKHL 13 | Legislation should be interpreted to give effect to Parliament’s purpose, considering the state of affairs known at enactment. | Informed the court’s purposive interpretation of the statutory scheme. |
| Barclays Mercantile Business Finance Ltd v Mawson [2004] UKHL 51 | Emphasized the importance of statutory purpose in interpretation. | Supported purposive construction of the statute. |
| R v McCool [2018] UKSC 23 | Rejects constructions leading to absurd, illogical, or unworkable results as unlikely to reflect Parliament’s intention. | Applied to reject the Appellant’s interpretation regarding vehicle occupants. |
| Fothergill v Monarch Airlines [1981] AC 251 | Legal certainty requires rules binding citizens to be ascertainable from identifiable and accessible sources. | Supported the principle of clarity and accessibility in statutory powers. |
| R v Central Valuation Officer, ex parte Edison First Power [2003] UKHL 20 | Presumption that Parliament does not intend unreasonable, absurd, or oppressive consequences. | Applied to reject the Appellant’s hypothetical argument about vehicle occupants’ immunity. |
| R v Perry [2023] NICA 74 | Subordinate codes of practice do not override or inform the construction of primary legislation absent binding authority or legislative provision. | Used to reject the Appellant’s reliance on the Code of Practice for statutory interpretation. |
| R (G) v Chief Constable of West Yorkshire Police [2008] EWCA 28 | Supports the principle that subordinate instruments cannot contradict primary legislation. | Supported the court’s stance on the primacy of statutory language over the Code of Practice. |
| PACCAAR v Competition Appeal Tribunal [2023] UKSC 28 | Subordinate legislation may inform statutory construction if contemporaneous with primary legislation. | Considered in relation to the timing and relevance of the Code of Practice. |
| Robinson v Secretary of State for Northern Ireland [2002] UKHL 32 | Focus on legislative intention regarding consequences of non-compliance with statutory requirements. | Guided the court’s approach to consequences of non-compliance with the Code of Practice. |
| R v Soneji [2005] UKHL 49 | Abandoned mandatory/directory distinction; focuses on legislative intention as to consequences of non-compliance. | Informed the court’s analysis of invalidity arising from non-compliance. |
| Seal v Chief Constable of South Wales Police [2007] UKHL 31 | Preference for substance over form discourages invalidation for procedural non-compliance. | Supported the court’s reluctance to invalidate searches for Code of Practice non-compliance. |
| National Car Parks v Baird (Valuation Officer) [2005] 1 All ER 53 | Assessment of unlawfulness of failure to perform statutory duty depends on circumstances including reasons for delay and prejudice caused. | Applied in assessing the Police Service’s delay in implementing monitoring methodology. |
| R (Noorkoiv) v Secretary of State for the Home Department [2002] EWCA Civ 770 | Failure to comply with statutory requirement in time may constitute breach of rights where expedition is essential. | Referenced in context of assessing reasonableness of delay in compliance with the Code of Practice. |
| North Somerset District Council v Honda Motor Europe [2010] EWHC 1505 (QB) | Principles on consequences of non-compliance with statutory requirements. | Endorsed in the court’s evaluation of legislative intention on invalidity. |
| Secretary of State for the Home Department v SM (Rwanda) [2018] EWCA Civ 2770 | Endorsed principles regarding invalidity for non-compliance with statutory duties. | Supported the court’s approach to non-compliance consequences. |
| Re Duffy and others [2022] NICA 34 | Rehearsed principles governing consequences of statutory non-compliance focusing on legislative intention. | Guided the court’s analysis of the Code of Practice non-compliance issue. |
| A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27 | Recent Supreme Court summary of principles on statutory interpretation and consequences of non-compliance. | Considered in the court’s reasoning on legislative intention and invalidity. |
| N3 & ZA v SSHD [2025] UKSC 6 | Recent Supreme Court exposition on statutory interpretation and invalidity principles. | Referenced in the court’s legal framework. |
| Re Said [2023] NICA 49 | Relevant pronouncement on Article 8 ECHR and stop and search powers. | Not engaged with by the Appellant; court noted limited argument on Article 8 grounds. |
| Re Ni Chuinneagain [2022] NICA 56 | Relevant pronouncement on Article 8 ECHR and stop and search powers. | Not engaged with by the Appellant; court noted limited argument on Article 8 grounds. |
Court's Reasoning and Analysis
The court began by clarifying the factual premise: the Appellant was searched outside the vehicle on each occasion, not inside it. This factual finding rendered the Appellant’s primary statutory construction challenge, which assumed inside-vehicle searches, moot. The court found no ambiguity in paragraph 4A of Schedule 3 to the 2007 Act, which authorizes a constable to stop and search a person within a specified area or place without requiring reasonable suspicion. The court rejected the Appellant’s contention that this power did not extend to vehicle occupants, highlighting the absurd and arbitrary consequences that would follow if occupants inside vehicles were excluded from the power’s scope.
The court emphasized established principles requiring express statutory authorization for searches of persons, especially when conducted without reasonable suspicion. It applied a purposive approach to statutory interpretation, considering the statutory context and legislative history, including the impetus from the ECtHR decision in Gillan. The court rejected reliance on subordinate codes of practice to interpret primary legislation, reaffirming the primacy of clear statutory language.
Regarding the second challenge concerning the Police Service’s failure to implement a methodology for monitoring community background under the Code of Practice, the court acknowledged delays and partial compliance but found no statutory basis for invalidating all stop and search exercises since 2012. The court applied principles focusing on legislative intention regarding consequences of non-compliance, considering the nature, gravity, and context of the failure, as well as the public interest in effective policing. It concluded that the Police Service’s progressive and ongoing efforts, including pilot schemes and oversight, did not amount to total invalidity of the powers exercised.
The court declined to grant a declaratory remedy, noting the discretionary nature of judicial review remedies, the margin of appreciation of the trial judge, and the unsatisfactory procedural history regarding such a remedy. It also declined to address peripheral issues insufficiently argued, such as the legality of searching inside vehicles under paragraph 4A.
Holding and Implications
The court’s final decision is to DISMISS THE APPEAL and affirm the judgment of the High Court. The stopping and searching of the Appellant’s person by police officers on the occasions in question were lawful under paragraph 4A of Schedule 3 to the Justice and Security Act (NI) 2007.
The court’s decision means that the statutory power to stop and search persons without reasonable suspicion within a specified area or place includes those occupants when outside vehicles, and does not extend to searching inside vehicles absent express statutory authorization. Furthermore, the Police Service’s partial and delayed compliance with the Code of Practice’s monitoring requirements does not invalidate the exercise of stop and search powers. No new legal precedent was set beyond affirming existing principles of statutory interpretation, legality, and the limits of subordinate instruments in construing primary legislation.
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