Lurgan man challenges PSNI over use of stop and search powers

Counsel for Caolan Reynolds claimed officers were not legally permitted to take the action without reasonable suspicion.

The 22-year-old, from Lurgan, is challenging the PSNI over its use of stop and search powers.

He claims that between July 2019 and July 2020 members of the force targeted him approximately 20 times.

On each occasion he was required to exit his car so that police could search him and the vehicle by the side of the road. There is no suggestion that any illegal activity or items were ever detected.

The steps were taken under the terms of the Justice and Security (NI) Act 2007.

But according to Mr Reynolds’ legal team, anyone stopped in a car is not in a public place.

They contended that the legislation does not explicitly allow police to search private premises - including a vehicle - in the absence of reasonable suspicion.

Mr Reynolds also claimed police have not complied with safeguards previously identified by the Court of Appeal and failed to implement a system of community monitoring around the use of the powers.

His barrister, Fiona Doherty KC, submitted: “The searches of the applicant’s person on the occasions when he was stopped in his vehicle were therefore unlawful.”

She insisted that any identified breaches must have consequences “both in relation to the searches and more generally in relation to the manner in which police have approached this issue”.

Tony McGleenan KC, for the Chief Constable, responded that the Act included authority to stop and search for munitions or wireless transmitters in specific locations.

"It’s an exceptional power to deal with an exceptional threat,” he argued. “Parliament has given a power to authorise stop and search in these scenarios, but it is not constrained by whether it is a public or private place.”

Following closing submissions, Mr Justice Colton reserved judgment in the application for judicial review.