19/12/2025
High Court Backs Police Ombudsman In Appeal Over Officer's Arrest
The Police Ombudsman for Northern Ireland has succeeded in a High Court appeal, reversing a County Court decision and upholding the lawfulness of a police officer's arrest during a watchdog investigation.
In a judgment delivered this week, The Honourable Mr Justice Colton held that the arrest was lawful and allowed the Ombudsman's appeal in full. Consequently, the civil claim brought against the Police Ombudsman has been dismissed.
The case arose from a Police Ombudsman investigation into PSNI conduct following a fatal road traffic incident on the Moneynick Road in County Antrim in January 2018, in which a young woman died and a young man sustained serious life‑changing injuries after contact with police officers.
The Ombudsman initiated the investigation under section 55(6) of the Police (Northern Ireland) Act 1998, during which Ombudsman investigators arrested a police officer. The High Court assessed whether the statutory preconditions for arrest were met and concluded that investigators possessed reasonable grounds for suspicion.
Mr Justice Colton emphasised the careful and structured approach adopted during the inquiry, noting that concerns about the evidential basis for criminal suspicion were openly examined, independently reviewed and resolved before any decision to arrest was taken.
The Court described the approach as exceptionally thorough, stating that "it is difficult to contemplate a more conscientious approach to the exercise of a coercive power" by the arresting Ombudsman officers in this case.
He further found that arrest was necessary to ensure the prompt and effective continuation of the investigation, particularly after voluntary cooperation had been withdrawn.
The ruling affirms the independence of the Police Ombudsman and confirms that its investigators acted lawfully, proportionately and within the powers conferred by law.
The case relates to a previously published investigation available on the Police Ombudsman for Northern Ireland's website.
In a judgment delivered this week, The Honourable Mr Justice Colton held that the arrest was lawful and allowed the Ombudsman's appeal in full. Consequently, the civil claim brought against the Police Ombudsman has been dismissed.
The case arose from a Police Ombudsman investigation into PSNI conduct following a fatal road traffic incident on the Moneynick Road in County Antrim in January 2018, in which a young woman died and a young man sustained serious life‑changing injuries after contact with police officers.
The Ombudsman initiated the investigation under section 55(6) of the Police (Northern Ireland) Act 1998, during which Ombudsman investigators arrested a police officer. The High Court assessed whether the statutory preconditions for arrest were met and concluded that investigators possessed reasonable grounds for suspicion.
Mr Justice Colton emphasised the careful and structured approach adopted during the inquiry, noting that concerns about the evidential basis for criminal suspicion were openly examined, independently reviewed and resolved before any decision to arrest was taken.
The Court described the approach as exceptionally thorough, stating that "it is difficult to contemplate a more conscientious approach to the exercise of a coercive power" by the arresting Ombudsman officers in this case.
He further found that arrest was necessary to ensure the prompt and effective continuation of the investigation, particularly after voluntary cooperation had been withdrawn.
The ruling affirms the independence of the Police Ombudsman and confirms that its investigators acted lawfully, proportionately and within the powers conferred by law.
The case relates to a previously published investigation available on the Police Ombudsman for Northern Ireland's website.
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Northern Ireland WeatherToday:A sunny but frosty start for many. However cloud increases by midday with a few showers reaching the north coast, these mostly light but spreading inland this afternoon. Chilly. Maximum temperature 8 °C.Tonight:A rather cloudy evening with scattered showers. Becoming drier through the night with some good clear spells developing and a patchy frost away from coasts. Minimum temperature 0 °C.

