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PSNI Constable attempts to arrest presiding judge

  • 16-01-2016 03:19AM
    #1
    Shield
    Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,897 CMod ✭✭✭✭


    A policeman who allegedly approached one of Northern Ireland's most senior judges and threatened to arrest him is to go on trial for contempt of court.

    This is interesting. If a police officer genuinely believes a presiding judge is committing a criminal offence while he's up there doing his judging thing, does he have a right to approach and arrest?

    Full story


Comments

  • #2
    [Deleted User]
    Posts: 4,183 ✭✭✭ [Deleted User]


    Shield wrote: »
    A policeman who allegedly approached one of Northern Ireland's most senior judges and threatened to arrest him is to go on trial for contempt of court.

    This is interesting. If a police officer genuinely believes a presiding judge is committing a criminal offence while he's up there doing his judging thing, does he have a right to approach and arrest?

    Full story

    You'll notice the article doesn't specify what crime the good constable alleges took place. If a judge were to snap and start waving a shotgun around then Gardai would of course be entitled to intervene. However if a judge, in deciding a case before them, takes an action or does a thing which any person believes they have no power to do then there is a mechanism to address that.

    If, to take an example along the lines of the above, it transpired that SOMEHOW the order for possession was not legal then the Defendant could appeal it or seek civil redress against the State perhaps. They could not effect an arrest.

    So, basically, if the impugned act forms part of their duties then no arrest could possibly be effected. If the act is prima facie criminal and not in the course of their duties then they are subject to arrest just like anyone else


  • #3
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,298 ✭✭✭✭Losty Dublin


    A quick Google shows us that there is the issue of a mortgage, arrears, a house, a bank and possession proceedings involving the policeman in question. There's a chance that this may or may not be more at home in the Freeman megathread.

    http://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/PublishedByYear/Documents/2013/[2013]%20NICh%2014/j_j_DEE8994Final.htm


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