Bailin_A_146732_v2The UK Supreme Court was divided 3-2 in the recent appeal of Re an application by JR 38 for Judicial Review [2015] UKSC 42 on whether the ECHR, art 8, was engaged for a child aged 14 who was suspected of involvement in criminal rioting.

CCTV images of the appellant in the course of rioting were published in two newspapers as part of a police campaign to identify those involved in rioting and to deter future sectarian disturbances.

The majority held that Article 8 was not engaged, since there was no reasonable expectation of privacy (“REP”) which was the sole, objective criterion. They went on to hold that even if Article 8 had been engaged, the interference was justified for the reasons given by the minority. Continue reading »