In the matter of an application by Donna Arthurs for leave to apply for Judicial Review (Appellant)

Case summary

Case ID

UKSC/2025/0062

Parties

Appellant(s)

Donna Arthurs

Respondent(s)

The Chief Constable for the Police Service for Northern Ireland

Issue

In circumstances where a person suspected of an offence has been arrested and the police are considering their release on bail, does the victim of the alleged offence have a right to be consulted as to whether bail should be granted and on what conditions, so far as that is reasonably practicable?

Facts

The Appellant is the mother of a vulnerable (18-year-old) woman who died of a drug overdose. The daughter had been placed in accommodation by the Belfast Health and Social Care Trust, from which she periodically went missing. During a missing person investigation, the police uncovered evidence that she had last been seen in the company of “PR”. PR was then arrested the day after the daughter’s body was found. The police suspected PR of administering a lethal injection and preventing the lawful burial of a corpse. Six hours after PR’s arrest, having formed the view that there was insufficient evidence to charge him with any offence, the police decided to release PR on bail. The Appellant’s views were not solicited but she was informed of his release within hours of the decision. PR was required to reside at his mother’s address, just under three miles from the Appellant’s home, and not to contact the deceased’s family. The Appellant applied to the High Court in Northern Ireland for leave to apply for judicial review, on the basis that the police had not consulted her prior to making the bail decision. The High Court refused the application. The Court of Appeal dismissed the Appellant’s appeal. The Appellant now appeals to the Supreme Court.

Date of issue

16 April 2025

Case origin

PTA

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