Accused’s jail search court bid given boost
A legal challenge over strip searches in Northern Ireland's prisons must be re-examined, the Court of Appeal has ruled.
Senior judges sent former inmate Brendan Conway's judicial review application back to a lower court for a new assessment of factual issues in his case.
Mr Conway, from Belfast, is currently out on bail awaiting trial in connection with an alleged tiger kidnapping in 2008.
He lodged proceedings at the High Court over two searches he was subjected to while on remand at Maghaberry jail in 2010.
His challenge centred on the policy of routine full-body searches on inmates entering and leaving the prison.
Lawyers for Mr Conway claimed rules are being breached by the use of force on prisoners who |neither give their consent nor resist.
A judge dismissed his application for judicial review after holding that the policy was lawful.
But the Court of Appeal yesterday decided that his case should be assessed again to see whether an inflexible approach was taken by prison authorities.