Chief Constable of Tayside v Basterfield

April 27, 2009 | No Comments

 

The sheriff pronounced a sexual offences prevention order under Section 105(1) of  the Sexual Offences Act 2003 against an individual who, in a period of months, had been convicted of two breach of the peace “stalking-type” offence against women    The individual had had been diagnosed as exhibiting a schizotypal personality disorder manifested by his failure to abide by normal social boundaries and as displaying strong psychopathic trends.

The order pronounced by the Sheriff 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 period of 5 years. The sheriff rejected defence submissions that such an order would constitute a disproportionate and hence unlawful interference with his Convention rights, including his right to liberty under Article 5.   

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Art. 05 Right to Liberty and Security, Criminal Law and Criminal Procedure, Mental Health

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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.