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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I would like advice about bringing a echr case against a police

Resolved Question:

I would like advice about bringing a echr case against a police force
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Hi
Yes of course. A police force has circulated a CCTV image of me in relation to a minor offence. The words in the headline accompanying the photo are sensational and eye catching, and deeply embarrassing to me and my family. This incident could easily have been dealt with by a simple request that the person pictured is asked to contact the police regarding an incident at a certain time and day. The response, including me contacting the police, and people calling in to identify me, would have been the same. The effect on me and and my family has been totally disproportionate to the incident.
Expert:  Jo C. replied 1 year ago.
Have they said anything untrue?
Customer: replied 1 year ago.
Nothing untrue, but I understand police CCTV images released to the press and the accompanying content need to be proportionate to the offence, all other ways of tracing the suspect have been tried, and consideration has been given to the potential effect on the suspect and her family as per the ACPO guidelines
Expert:  Jo C. replied 1 year ago.
What was the offence please?
Customer: replied 1 year ago.
Offensive conduct on a railway contary to Bylaw 6 Transport Act
Expert:  Jo C. replied 1 year ago.
Are the particulars of this offence ones that would offend against the equal opportunties legislation?
Customer: replied 1 year ago.
No not at all
Expert:  Jo C. replied 1 year ago.
What are the particulars?
Customer: replied 1 year ago.
I arrived at a station late at night and the toilets were shut and I went on the platform
Expert:  Jo C. replied 1 year ago.
ARe there said to have been members of the public there?
Customer: replied 1 year ago.
No only me, nobody else was there to my knowledge, no complaints, nobody offended, just caught on CCTV
Expert:  Jo C. replied 1 year ago.
OK. You can bring an action under the HRA. It is not something I would recommend without careful consideration.
Their point here is that your behaviour on that particular day was anti social. In fairness, if we are honest with each other, that is probably going to be accepted by a court.
They do have to justify these campaigns but they don't have to show that it involves a campaign of the worst kind of crime imaginable. Whichever way you look at this, this is anti social conduct. I realise that you say that a more proportionate campaign would have succeeded but the problem is that you can go a long way down that road. A more proportionate way to encourage other witnesses to come forward with allegations of sexual abuse would be to print a description of the offence rather than to name every suspect who is arrested while his accuser, often a false one, hides behind anonymity. But the police don't.
In truth, if you were unidentifiable at the time then an advertising campaign could be justified and they couldn't rely on you handing yourself in.
If you are intent then I would start with a complaint to the IPCC.
You can also sue under the HRA but it is not likely to lead to huge compensation in the circumstances. A complaint to the IPCC is much more likely to achieve an apology.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I accept that what I did could be considered anti social. I was ill at the time and simply could not hold it any longer and tried to be as discreet as I could. Are you saying that if this matter came to court its likely I would be found guilty?Could you also perhaps provide some detail as to how I actually commence a HRA action please?Thanks for your help
Expert:  Jo C. replied 1 year ago.
Oh yes, it is.
This is not just a railway bye law offence either. This is outraging public decency.
For that reason, I wouldn't provoke them with an action.
Expert:  Jo C. replied 1 year ago.
If you are intent then you need to see a solicitor to send a letter before. It is really something that can be done without representation.
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