The reasonable expectation of privacy and the criminal suspect

Joe Purshouse

Research output: Contribution to journalArticlepeer-review

6 Citations (Scopus)
22 Downloads (Pure)


In In re JR38, the Supreme Court unanimously dismissed an appeal from a 14 year-old boy who argued that the dissemination of his image, taken whilst he was participating in sectarian rioting, to local newspapers, violated his rights under Article 8 of the European Convention on Human Rights (ECHR). However, the Court was divided on whether or not the measures taken by the police engaged the applicant's Article 8(1) rights at all. This case raises fundamental questions as to the scope of private life in the context of criminal investigations, and the place of the European Court of Human Rights’ ‘reasonable expectation of privacy’ test in determining whether Article 8(1) of the ECHR is engaged. This case comment subjects the majority's interpretation of Article 8(1) to critical scrutiny, concluding that this interpretation may unduly restrict the scope of Article 8 protection for those subject to criminal investigations.
Original languageEnglish
Pages (from-to)871-884
Number of pages14
JournalModern Law Review
Issue number5
Early online date1 Sep 2016
Publication statusPublished - Sep 2016


  • Privacy
  • Criminal Law

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