In the matter of an application by Patrick Higgins for Judicial Review (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2025/0097

Parties

Appellant(s)

The Police Service of Northern Ireland

Respondent(s)

Patrick Higgins

Issue

Can the powers of a custody officer to appoint the time, date and place for a bailee to attend at a police station be exercised without the formal surrender of the bailee under Article 48 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (“PACE”)?

Facts

On 19 May 2022, the Respondent, Patrick Higgins, was arrested by police, interviewed and released on bail subject to (a) specified conditions, and (b) a specified surrender arrangement detailing the appointed time, date (17 June 2022) and place. On four subsequent occasions a police officer informed the Respondent that the “return” (surrender) date had been “deferred” to a later date, thereby excusing him from surrendering to police custody as otherwise required. The last (fifth) of these deferred dates was also similarly varied. Following its lapse a new return date of 6 January 2023 was retrospectively authorised. This new arrangement was not communicated but was discovered by the Respondent’s solicitor. In advance of this new date these proceedings were commenced and the Respondent was informed of a request for authorisation of yet another deferral to a later date; no such authorisation or deferral was subsequently communicated to the Respondent. The new deferred bail surrender date having passed, the Respondent was arrested on suspicion of having failed to surrender, and he was then released on bail with a new surrender arrangement and was not charged with any “non surrender” offence. The Respondent applied for judicial review to challenge the exercise of the custody officer’s powers under Article 48. This application was dismissed by the High Court. The Court of Appeal allowed the Respondent’s appeal. The Police Service of Northern Ireland now appeals to the Supreme Court.