The High Court refused an application brought by a member of the public seeking an inquiry into the lawfulness of any and all detentions arising from evidence obtained under search warrants issued by peace commissioners. The applicant, acting on behalf of an unspecified group of detainees, argued that such warrants were unconstitutional and that related detentions were therefore unlawful. However, the court found the application too vague, as it failed to identify any specific individuals allegedly unlawfully detained or to define a clear class of affected persons. The court held that while third parties can bring such applications on behalf of others, a minimum degree of specificity is required regarding the identity or category of the persons concerned. The application was deemed speculative and more akin to a request for a general investigation rather than a focused inquiry into specific detentions, and was therefore refused.
habeas corpus – Article 40.4.2 of the Constitution – application on behalf of detained persons – search warrants – peace commissioners – Misuse of Drugs Act 1977 – judicial powers – unlawful detention – constitutional challenge – degree of specificity – criminal law – Central Office procedures – Rules of the Superior Courts (RSC) – lack of locus standi – group application