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Describe and analyse the English law on privacy in relation to both:(a) the criminal justice system; and(b) royalty.

Question

Describe and analyse the English law on privacy in relation to both:

(a) the criminal justice system;

(b) royalty.

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Solution

(a) English Law on Privacy in Relation to the Criminal Justice System:

In the UK, the right to privacy is not explicitly stated in the law, but it is protected under the Human Rights Act 1998, specifically under Article 8, which provides a right to respect for one's "private and family life, his home and his correspondence". This right is not absolute and can be interfered with if it is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

In the context of the criminal justice system, this means that while individuals have a right to privacy, this right can be overridden in the interests of preventing or detecting crime. For example, the police have powers under the Police and Criminal Evidence Act 1984 to search individuals and their property and to take fingerprints and DNA samples. However, these powers must be exercised in accordance with the law and are subject to safeguards to prevent abuse.

(b) English Law on Privacy in Relation to Royalty:

The royal family also has a right to privacy under Article 8 of the Human Rights Act. However, this right is balanced against the public's right to freedom of expression under Article 10 of the Act. This means that the media can publish information about the royal family if it is in the public interest to do so.

However, the courts have held that members of the royal family, like any other individuals, have a reasonable expectation of privacy in relation to their personal and family life. This means that the media cannot publish private information about the royal family unless it can be justified in the public interest.

In practice, this means that the media must be careful not to invade the privacy of the royal family without justification. For example, in 2012, the French magazine Closer was fined for publishing topless photos of the Duchess of Cambridge, which were taken while she was on a private holiday.

In conclusion, while the right to privacy is protected under English law, it is not absolute and can be overridden in certain circumstances. In the context of the criminal justice system, this is to allow the police to prevent and detect crime, while in relation to the royal family, it is to balance the right to privacy against the public's right to freedom of expression.

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