28 April 2017
SXH v Crown Prosecution Service [2017] UKSC 30, [2017] All ER (D) 47 (Apr)
The Supreme Court, in dismissing the appellant Somalian refugee’s appeal, agreed with the lower courts that Art 8 of the European Convention on Human Rights had not been engaged following a decision by the defendant Crown Prosecution Service to prosecute the appellant for entering the UK with a false travel document. The court held that Art 8 was not applicable to the decision to prosecute. As broad as Art 8 undoubtedly was, it was not so broad that anything done by a public body, which had the consequence of affecting someone’s private life in a more than minimal way, involved interference with respect for it.
