- Intercept evidence, human rights, and disclosure (R (on the application of Schofield) v Secretary of State for the Home Department)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: The court held in R (on the application of Schofield) v Secretary of State for the Home Department that the statutory bar on the use of intercept evidence in criminal proceedings is not incompatible with Article 2 of the European Convention on Human Rights (ECHR), and that there was no basis to conclude that the government or Parliament had proceeded on the basis of an error of law as to the requirements of Article 6 ECHR. Practitioners are reminded that the duty on the state to conduct an effective investigation into deaths caused by lethal force used by state agents can be fulfilled through proceedings other than a criminal prosecution. Written by Barry Smith, associate at Aliant Law.
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