Plunkett and Another, Regina v: CACD 13 Mar 2013

The defendants appealed against their convictions after admission of secret tape recordings made by the police in breach, said the defendants of the 2000 Act and unlawful. The recordings had been in the police van. The Crown said that this was not a private vehicle, and not intrusive surveillance under the 2000 Act.
Held: Whilst there may be justification for treating a police or prison cell as private that could not be extended to a police van. It was not a private space.
The judge had found that in view of the continuing danger to the untraced victim of the kidnapping, the authorisation for the recording was proportionate. That decision was correct, and there was no breach of the defendants’ article 6 rights.
Sir John Thomas P QBD, Swift, MacDuff JJ
[2013] EWCA Crim 261, [2013] WLR(D) 98, [2013] HRLR 19, [2013] Crim LR 765, [2013] 2 Cr App R 2, [2013] 1 WLR 3121
Bailii, WLRD
Regulation of Investigatory Powers Act 2000, European Convention on Human Rights 6(3)(b), Police and Criminal Evidence Act 1984 78
England and Wales
CitedMason, Wood, McClelland, Tierney v Regina CACD 13-Feb-2002
The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged . .

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Updated: 09 July 2021; Ref: scu.471670