Recent Judicial Decisions
| Author | Damian Carney,David Wicks |
| DOI | 10.1350/pojo.2009.82.2.479 |
| Date | 01 June 2009 |
| Published date | 01 June 2009 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Covert Surveillance
Re McE; Re M; Re C [2009] UKHL 15
House of Lords
11 March 2009
The House of Lords considered appeals in three conjoined
cases from the Divisional Court of Northern Ireland. The
appeals concerned the possible covert surveillance of con-
versations between suspects and their lawyers (in Re McE and
Re C) and between a suspect and his medical practitioner (in
Re M), under powers conferred by the Regulation of Invest-
igatory Powers Act 2000.
Keywords: covert surveillance; directed surveillance; Euro-
pean Convention on Human Rights, Article 8; Home Office
Code of Practice; intrusive surveillance; legal professional
privilege; Regulation of Investigatory Powers Act 2000
The facts
McE was arrested and held on remand at HM Prison Magha-
berry. Whilst there, he asked the prison authorities whether visits
by his legal advisers were the subject of covert surveillance. The
Prison Service of Northern Ireland replied that, as a matter of
policy, they were not prepared to tell him or any other prisoner
about any such surveillance. McE complained to the Prisoner
Ombudsman. The Prison Service was not prepared to confirm or
deny to the Ombudsman that covert surveillance had taken place.
The Ombudsman concluded that the Prison Service was acting
within the law.
M was arrested under s. 41 of the Terrorism Act 2000 and
taken to Antrim Police Station. There were concerns about M’s
mental state. M’s solicitor arranged for a consultant psychiatrist
to examine M. Before the examination took place, the psychia-
trist asked M’s solicitor to seek an assurance from the police that
The Police Journal, Volume 82 (2009) 183
DOI: 10.1358/pojo.2009.82.2.479
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