Justin Rouse QC secures acquittal by exposing what the Court found was unlawful trespass, unauthorised covert surveillance practices and disingenuous conduct by an RSPB investigations team.

10 April 2018

In a ground-breaking decision, Justin Rouse QC secures acquittal by exposing what the Court found was unlawful trespass, unauthorised covert surveillance practices and disingenuous conduct by an RSPB investigations team.

The prosecution contended that the RSPB recording should be admitted to prove that a gamekeeper had committed 8 offences against peregrine falcons. The defence case was that whoever it was on the video, it wasn't the gamekeeper.The person filmed by the RSPB was completely concealed. The Court found that the RSPB unlawfully went onto private property, installed a camera without any permission, Court order or other authority and thereafter recorded private data without warning to, or permission of the public or the subject.Thereafter,(the Court found)  they conducted a search of the private property with police officers with no consideration for the Police and Criminal Evidence Act Code of Practice binding upon them.  The Court ruled that "The RSPB have acted improperly and outwith their remit. When the rights of others are at risk, the Court should not condone such behaviour."

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