Man seeks judicial review after he was stopped and searched by PSNI almost 20 times

A judge was told legislation permitting officers to stop and examine a vehicle does not extend to searching anyone inside without reasonable suspicion.

The claim was made in a challenge mounted by a Lurgan man who says he was wrongly targeted nearly 20 times.

Caolan Reynolds, 20, is seeking to judicially review the PSNI for stopping and searching him and his car on a series of dates in 2020.

He alleges a breach of his right to privacy, and that insufficient records were kept to enable him to contest the legality of the incidents.

The case centres on provisions within the Justice and Security (NI) Act 2007.

According to Mr Reynolds lawyers the power to search a vehicle and a person is different, and that the authority relied on was not properly identified.

Police apparently had no lawful grounds to order him out of his car - regarded as private premises - to be searched in a public place without reasonable suspicion, it was contended.

Fiona Doherty QC, for Mr Reynolds, told the court the legislation makes clear that anyone stopped in a vehicle is not in a public place.

Setting out how the Act contains separate provisions for searching vehicles and people, she insisted: “The two never meet.”

Ms Doherty added: “The power to stop and search a vehicle without reasonable suspicion does not include the power to ask the person to get out of the vehicle and then search them without reasonable suspicion.”

She submitted that cars may have been stopped under the wrong authority.

Lawyers for the PSNI argued that the legislation clearly intended to enable officers to carry out such searches.

Adjourning the case, Mr Justice Colton requested further material before he decides whether to grant leave to apply for judicial review.

Outside court Mr Reynolds solicitor, Gavin Booth of Phoenix Law, said: “If we are correct, every stop and search under this legislation, where it involved taking people out of a car, has been unlawful.”