BCD v Chief Examiner

The applicant, BCD, sought judicial review of decisions made by the Chief Examiner under the Major Crime (Investigative Powers) Act 2004. The case before the court involved the revocation of a coercive powers order that had expired and BCD's delay in applying for review. The Chief Examiner had exercised the power to revoke the coercive powers order under section 12 of the Act, and BCD challenged this decision as exceeding the statutory authority and being contrary to the principles of natural justice.

The court was required to determine whether it had the jurisdiction to revoke the coercive powers order once it had already expired. Additionally, the court had to consider whether the applicant's delay in applying for judicial review constituted special circumstances under rule 56.02(3) of the Supreme Court (General Civil Procedure) Rules 2005, thereby warranting an extension of time for the application.

The court held that it did not have the jurisdiction to revoke a coercive powers order that had already expired, as the statutory authority for such revocation was contingent upon the order being in effect. The court also found that BCD had not demonstrated special circumstances justifying the delay in applying for review, and therefore, the application for an extension of time was denied. Consequently, the court dismissed the application for judicial review.