Gilchrist v HM Advocate

January 30, 2009 | No Comments

The Court of Criminal Appeal held that observations covertly made in public place by the police as a result of a tip-off did not enter into the sphere of Article 8 and that, notwithstanding the failure on the part of the police to obtain a valid authorisation for directed surveillance operations under and in terms of Regulation of Investigatory Powers (Scotland) Act 2000, the evidence obtained was admissible and Convention compatible.

Full report available here.

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

Leave a reply

Add your comment below, or trackback from your own site. You can also subscribe to these comments via RSS.

Disclaimer

Full copyright remains with the original author of each article. Please contact our contributing editors for source information.

Browse by

Cross Reference

Search Type

Search

SHRLG Archives

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.