Kevin,
Once again I am grateful to you for another snippet of legislation I
wasn't aware of. Next time someone contacts me with this problem I will
suggest that they take a private prosecution under the 1361 Justice of
the Peace Act
Chris Brogan MA LLM
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852
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Registered Office: 11 Loveday Road, London W13 9JT
www.securitysi.com
-----Original Message-----
From: Kevin Broadfoot [mailto:[log in to unmask]]
Sent: 24 November 2008 17:31
To: [log in to unmask]; Chris Brogan
Subject: Re: AAARGH - I AGREE WITH KEVIN BROADFOOT - DISAGREE WITH KEVIN
LEE
They would have to either complain to the police or bring a personal
action in
the courts. And the costs but they aren't that expensive!!
Taking your example you would have to consider whether the camera in the
garden accidentally caught the person on the sun bed or whether there
was
evidence of deliberate and continuous viewing. And you would probably
also
need to take account of gender. In a recent case the courts
considered
that an offence of voyeurism takes place where observation of a private
act
(e.g. on the sun bed in the back room) involves parts of the body for
which
people would normally expect privacy; so an exposed male chest is not
considered the same as exposed female breasts.
Incidentally, as an aside, the 1361 Justice of the Peace Act (which is
still on
the statute book because it contains the power to bind someone over to
keep
the peace) originally provided for the locking up of eavesdroppers and
Peeping
Toms! So who need DP!
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