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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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My father died from injuries sustained,(principally head injury)

Resolved Question:

My father died from injuries sustained,(principally head injury) when he was knocked down by a car.He died a few weeks later without gaining consciousness.This was some seven years ago.
But something has been bugging me ever since.
My two brothers and I met with a police sergeant who was dealing with dad's case.We asked him if the car driver's mobile phone records had been examined to see if he had been on the phone at the time of the accident, as there was some suspicion that this might be the case.
The police sergeant told us that the police could not check the phone records as it would be an invasion of the individuals privacy rights.
I accepted this reluctantly at the time.
Now I have just read a news article referring to police powers under RIPA which allows them access to peoples phone records. Does this apply to English law only or is Scotland covered too? Or was the info from the police sergeant correct?
Thank you
George McLean
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Both jurisdictions have RIPA legislation. For example here is the Scottish Act of Parliament here:
http://www.legislation.gov.uk/asp/2000/11/contents
Happy to discuss further but I see no reason why the police officer said that phone records could not be investigated.
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