The Press and Journal (Inverness, Highlands, and Islands)
Supreme Court throws out sting appeal
A convicted paedophile has lost a Supreme Court challenge over the use in criminal prosecutions of evidence gathered by paedophile hunter groups in covert sting operations.
Yesterday, the UK’s highest court unanimously dismissed an appeal which argued using such evidence was a breach of an individual’s human rights.
It said the interests of children have priority over any interest a paedophile could have in being allowed to engage in criminal conduct.
Mark Sutherland was convicted in August 2018 of attempting to communicate indecently
“There was no interference with accused’s rights”
with an older child, and related offences, after evidence collected by a paedophile hunter group was handed to police.
He brought a Supreme Court challenge arguing that his right to a private life, enshrined in Article 8 of the European Convention on Human Rights, had been breached.
The court was asked to rule on the issue of whether prosecutions based on evidence gathered in covert sting operations by paedophile hunter groups are compatible with a person’s human rights.
In the ruling, a panel of five justices unanimously dismissed his appeal and said the public prosecutor was entitled to introduce evidence obtained by a “decoy” at Sutherland’s trial to try to secure a conviction.
Announcing the court’s decision, Lord Sales said the court held there was “no interference with the accused’s rights” under Article 8 – which provides the right to a private life and correspondence.