Sutherland v Her Majesty’s Advocate: SC 15 Jul 2020

Paedophile hunters’ evidence was admissible

(Scotland) The appellant had been lured into committing sexual offences online against what he was told was a 13 year old boy. The evidence was obtained by a group of so called paedophile hunters. He now appealed saying that the use of such evidence infringed his article 8 rights, and that authorisation was required to be obtained under the 2000 Act for the decoy to act as a covert human intelligence source within the meaning of that Act; that no such authorisation had been obtained; and that as a result the evidence of the decoy had been obtained unlawfully.

Lord Reed, President, Lord Hodge, Deputy President, Lord Lloyd-Jones, Lord Sales, Lord Leggatt
[2020] UKSC 32
Bailii, Bailii Issues and Facts, Bailii Summary
European Convention on Human Rights 8, Sexual Offences (Scotland) Act 2009 33, Regulation of Investigatory Powers (Scotland) Act 2000

Criminal Evidence, Human Rights

Updated: 01 November 2021; Ref: scu.652459