The Press and Journal (Inverness, Highlands, and Islands)

Supreme Court throws out sting appeal

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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.

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