Chief Constable of Tayside v Basterfield

The Sheriff granted as compatible with the individual’s Convention rights a sexual offences prevention order under Section 105(1) of the Sexual Offences Act 2003.  This sought to prevent the defender from being alone or remaining in the company of any lone female and from approaching, accosting, following or communicating in person with any lone female, for a minimum period of 5 years. The individual in question was said to exhibit a schizotypal personality disorder, and tended not to abide by normal social boundaries but displayed strong psychopathic trends.   He had been previously convicted of breach of the peace and placed on the Sex Offenders Register as a result of an incident whereby he followed a woman home and entered her property as a result of which he was made the subject of a probation order lasting three years. And in February 2006 while he was on bail, the defender approached another lone female, continually touched her and followed her.

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Art. 08 Right to Private and Family Life, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.