This edition of the digest considers one judgment of the Supreme Court, two of the Court of Appeal, and two of the High Court. In Sutherland v HM Advocate the Supreme Court held that there was no interference with an individual’s right to respect for his private life and correspondence under Article 8(1) of the European Convention on Human Rights (ECHR) by reason of the use in a public prosecution of evidence obtained by so-called “paedophile hunters”. In R v Cleland the Court of Appeal quashed a sentence of life detention for attempted murder imposed on a young offender and replaced it with a hospital and restriction order under sections 37 and 41 of the Mental Health Act 1983. In A v Secretary of State for the Home Department the deportation of a foreign national on the ground that he was the head of an organised crime group (OCG) and represented a serious threat to public security was overturned by the Court of Appeal on the grounds given only in a closed judgment. In R (McKenzie) v Crown Court at Leeds the court held that a judge had not erred in extending the custody time limit (CTL) in relation to a defendant whose forthcoming trial had been delayed as a result of the COVID-19 pandemic. Finally, in Faerman v SFO the High Court considered an application to discharge a disclosure order made by Supperstone J pursuant to section 357 of the Proceeds of Crime Act 2002 (POCA).

Sutherland v HM Advocate

Judgment delivered on 15.07.20

The Supreme Court held that there was no interference with an individual’s right to respect for his private life and correspondence under Article 8(1) of the European Convention on Human Rights (ECHR) by reason of the use in a public prosecution of evidence obtained by so-called “paedophile hunters”. There was no incompatibility between the obligation on the state to protect rights arising under Article 8 and the prosecution’s use of evidence supplied by such groups.

Duncan Atkinson QC represented the Director of Public Prosecutions, who was granted leave to intervene.

R v Cleland

Judgment delivered on 16.07.20

The Court of Appeal quashed a sentence of life detention for attempted murder imposed on a young offender and replaced it with a hospital and restriction order under sections 37 and 41 of the Mental Health Act 1983. The court did so after admitting fresh evidence demonstrating that, at the time of the offence, the offender had been suffering from autistic spectrum disorder which was linked to the offence and which reduced his culpability.

Louis Mably QC represented the Crown Prosecution Service.

A v Secretary of State for the Home Department

Judgment delivered on 09.07.20

The deportation of a foreign national on the ground that he was the head of an organised crime group (OCG) and represented a serious threat to public security was overturned by the Court of Appeal on the grounds given only in a closed judgment. The case was remitted to the Upper Tribunal for a re-hearing.

Will Hays represented the Secretary of State for the Home Department. 

R (McKenzie) v Crown Court at Leeds

Judgment delivered on 15.07.20

The court held that a judge had not erred in extending the custody time limit (CTL) in relation to a defendant whose forthcoming trial had been delayed as a result of the COVID-19 pandemic. The court also held that the decision of the Lord Chief Justice to suspend jury trials was not ultra vires.

Melanie Cumberland represented the Lord Chancellor and the Lord Chief Justice of England and Wales, the first and third interested parties.

Faerman v SFO

Judgment delivered on 10.07.20

The High Court considered an application to discharge a disclosure order made by Supperstone J pursuant to section 357 of the Proceeds of Crime Act 2002 (POCA).

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