BC AND OTHERS, (FIRST) BC AND OTHERS AGAINST CHIEF CONSTABLE POLICE SERVICE OF SCOTLAND AND OTHERS [2018] ScotCS CSOH_104 (13 November 2018)

BC AND OTHERS, (FIRST) BC AND OTHERS AGAINST CHIEF CONSTABLE POLICE SERVICE OF SCOTLAND AND OTHERS [2018] ScotCS CSOH_104 (13 November 2018)

The petition raises a live and substantive legal issue regarding privacy and confidentiality of private messages used in misconduct proceedings, which is beyond the scope of the statutory disciplinary process and cannot be adequately determined within the 2014 Regulations; judicial review is the appropriate forum.

Citation
[2018] ScotCS CSOH_104
Parties
Petitioners: BC and Others; Respondents: Chief Constable Police Service of Scotland and Others
Jurisdiction
Scotland
Judgment Date
13 November 2018
Procedural Posture
Judicial Review Petition / Preliminary Hearing on Pleas in Law
Outcome
Respondents' first, third and fourth pleas-in-law repelled; petition to proceed.
Legal Topics
Police Misconduct Proceedings, Privacy Rights, Article 8 ECHR, Judicial Review, Alternative Remedies
Administrative Law Human Rights Law Employment Law Police Misconduct Proceedings Privacy Rights Article 8 ECHR Judicial Review Alternative Remedies

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Parties

BC and Others

Petitioners

Chief Constable Police Service of Scotland and Others

Respondents

Procedural Posture

Judicial Review Petition / Preliminary Hearing on Pleas in Law

Legal Issues

  1. 1 Whether use of private WhatsApp messages in police misconduct proceedings is unlawful and incompatible with Article 8 ECHR
  2. 2 Whether the petition is premature or hypothetical
  3. 3 Whether an effective alternative remedy exists under the Police Service of Scotland (Conduct) Regulations 2014

Ratio Decidendi

The petition raises a live and substantive legal issue regarding privacy and confidentiality of private messages used in misconduct proceedings, which is beyond the scope of the statutory disciplinary process and cannot be adequately determined within the 2014 Regulations; judicial review is the appropriate forum.

Court Disposition

Respondents' first, third and fourth pleas-in-law repelled; petition to proceed.

Orders

  • Petition will proceed; by order to be arranged for future procedure.