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Criminal Justice & Public Order Act, s60 not incompatible with ECHR, art 8

R (Roberts) v Commissioner of Police for the Metropolis & Anor [2015] UKSC 79

Related Member(s):
Alex Bailin QC, Hugh Southey QC
Related Practice Area(s):
Crime and Regulatory Law, Human Rights, Police Law

The court ruled that the safeguards attending the use of the CJPOA 1994, s 60, power make it possible to judge whether the power has been exercised lawfully. Lady Hale and Lord Reed stated the requirements under s 60 attaching to the authorisation, the operation and the actual encounter on the street should make it possible to judge whether the action was ‘necessary in a democratic society for the prevention of disorder or crime’.

Alex Bailin QC and Hugh Southey QC were involved in this case.