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When first enacted Section 66 comprised of sub-section (1). Sub-sections (2)-(4) were inserted by Section 13(4) Police (Northern Ireland) Act 2003.
Accordingly, I have no difficulty concluding that this interference with the applicant's article 8 rights was in pursuit of one or more of the legitimate aims within Article 8(2), namely for the prevention of crime or the protection of the rights and freedoms of others.
If, as counsel suggest, insufficient attention has been paid to this requirement the failure should be made good.
(i) It was couched in such broad terms that there was no gradation of the PO's function whether dealing with a criminal investigation or a relatively minor matter. The absence of balance rendered the provision unlawful.
(ii) Section 66 did not contain any set of criteria or access conditions which must be met before a requirement can issue. He drew the analogy of the Police and Criminal Evidence (NI) Order 1989 ("PACE") where it is necessary to apply to a judicial figure in several circumstances before exercising the powers.
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