Menu
30/11/2007
Police Need Independent Eavesdropping Authorisation
The police cannot authorise the secret recording of private conversations between solicitors and their clients in police stations any longer.
Until now, such 'bugging' could be authorised by a deputy chief constable.
Now, a ruling by the Lord Chief Justice said the monitoring of such conversations would be unlawful, unless it is authorised by an independent person.
The issue has been highlighted because a solicitor is awaiting trial on charges of attempting to incite murder and pervert the course of justice.
The allegations, which he denies, are based on conversations he had with clients at Antrim police station and were secretly recorded last year.
The Lord Chief Justice, Sir Brian Kerr, made a ruling in the case brought by five applicants who sought assurances from the police and the Prison Service that consultations with their legal advisers or doctors were not being monitored.
He said that in future, conversations between clients and their solicitors or doctors couldn't be monitored unless "it has been shown to the satisfaction of an independent person to be strictly necessary".
"The need for a legal adviser and his client to be secure in the knowledge that what passes between them is and will remain confidential is both obvious and incontestable," said the Lord Chief Justice.
He added: "It appears to me to be self evident that interference with the fundamentally important right arising under Article 8 to consult a legal adviser or a medical adviser privately will be more readily justified where there is a demonstrable measure of independence on the part of the authorising agency."
The status of the 'independent' person or the mechanism through which 'bugging' permission will be sought are as yet unknown.
(BMcC)
Until now, such 'bugging' could be authorised by a deputy chief constable.
Now, a ruling by the Lord Chief Justice said the monitoring of such conversations would be unlawful, unless it is authorised by an independent person.
The issue has been highlighted because a solicitor is awaiting trial on charges of attempting to incite murder and pervert the course of justice.
The allegations, which he denies, are based on conversations he had with clients at Antrim police station and were secretly recorded last year.
The Lord Chief Justice, Sir Brian Kerr, made a ruling in the case brought by five applicants who sought assurances from the police and the Prison Service that consultations with their legal advisers or doctors were not being monitored.
He said that in future, conversations between clients and their solicitors or doctors couldn't be monitored unless "it has been shown to the satisfaction of an independent person to be strictly necessary".
"The need for a legal adviser and his client to be secure in the knowledge that what passes between them is and will remain confidential is both obvious and incontestable," said the Lord Chief Justice.
He added: "It appears to me to be self evident that interference with the fundamentally important right arising under Article 8 to consult a legal adviser or a medical adviser privately will be more readily justified where there is a demonstrable measure of independence on the part of the authorising agency."
The status of the 'independent' person or the mechanism through which 'bugging' permission will be sought are as yet unknown.
(BMcC)
Related Northern Ireland News Stories
Click here for the latest headlines.
23 June 2016
Police Officers Disciplined For Failing To Tell Doctor About Woman's Head Injuries
Two police officers have been disciplined after they failed to let their colleagues and a police doctor know that a woman had sustained a head injury, a Police Ombudsman investigation has concluded. The woman died from bleeding to the brain on 24 February 2014, the day after she suffered the injury.
Police Officers Disciplined For Failing To Tell Doctor About Woman's Head Injuries
Two police officers have been disciplined after they failed to let their colleagues and a police doctor know that a woman had sustained a head injury, a Police Ombudsman investigation has concluded. The woman died from bleeding to the brain on 24 February 2014, the day after she suffered the injury.
02 May 2002
Police chief announces three police stations to close
Acting Northern Ireland chief constable Colin Cramphorn has announced that only three police stations from an original list of around 20 are to be closed.
Police chief announces three police stations to close
Acting Northern Ireland chief constable Colin Cramphorn has announced that only three police stations from an original list of around 20 are to be closed.
12 December 2022
Warning Issued Over Scammers Impersonating Police Officers
The PSNI has issued a warning following a number of reports of criminals impersonating police officers are targeting older people.
Warning Issued Over Scammers Impersonating Police Officers
The PSNI has issued a warning following a number of reports of criminals impersonating police officers are targeting older people.
09 August 2010
NI-Born Police Mentor Dies In Afghanistan
A Northern Ireland man - believed to be in his early 50s - has been killed in Helmand province in southern Afghanistan. The Foreign Office has confirmed that Ken McGonigle from Co Tyrone was working as a police mentor when he was shot by an escaped prisoner in the Musa Qala district on Saturday.
NI-Born Police Mentor Dies In Afghanistan
A Northern Ireland man - believed to be in his early 50s - has been killed in Helmand province in southern Afghanistan. The Foreign Office has confirmed that Ken McGonigle from Co Tyrone was working as a police mentor when he was shot by an escaped prisoner in the Musa Qala district on Saturday.
22 September 2009
Baggott Takes PSNI Reins
Northern Ireland's new police chief Matt Baggott today said he does not "diminish" the threat posed by dissident republicans, writes Paul Reilly. Mr Baggott, speaking to assembled press at NI Policing Board headquarters in Belfast, he conceded the threat is "real", but was resolute that the PSNI has the support of the majority of the community.
Baggott Takes PSNI Reins
Northern Ireland's new police chief Matt Baggott today said he does not "diminish" the threat posed by dissident republicans, writes Paul Reilly. Mr Baggott, speaking to assembled press at NI Policing Board headquarters in Belfast, he conceded the threat is "real", but was resolute that the PSNI has the support of the majority of the community.
-
Northern Ireland WeatherThis Evening and Tonight:Rain clearing away east by early evening with some clear spells but a few showers likely to affect the North coast and other areas towards dawn, remaining breezy and mild overnight. Minimum temperature 9 °C.
