'Human rights' cash award over caution by police

A 24-year-old man who was arrested, cautioned and placed on the sex offenders' register after taking pictures of his girlfriend's naked son in a park was awarded £500 damages yesterday for a violation of his human rights.

A High Court judge ruled West Midlands police were wrong to caution "M", who photographed the five-year-old boy in Longford Park in Coventry last September.

Mr Justice Wyn Williams, sitting in London, said no evidence existed that would have justified charging M with any criminal offence, and therefore the caution should never have been administered.

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The judge quashed the caution. The move automatically removes M's name from the sex offenders' register.

The judge ruled the caution unlawfully interfered with M's right to private life, contrary to Article 8 of the European Convention on Human Rights, over a substantial period of time.

Explaining why he felt that an award of damages was appropriate, the judge said: "I do not consider that right-minded people would conclude that the claimant had obtained just satisfaction in all the

circumstances of this case if I declined to make an award of damages and confined myself to an order quashing the caution."

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The judge said the incident that led to M's arrest occurred in Longford Park on September 27 2009. M went there with a male friend, his girlfriend "E" and her young son.

During the visit, the child removed his clothing and a member of the public saw M photographing him and called the police. All three adults in the group were arrested and the five-year-old was taken into the local authority care.

After interviews, M was released on bail on condition that he report daily to a named police station and resided at a particular address.

He was also banned from any unsupervised contact with his girlfriend's son.

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The girlfriend herself and M's male friend were also released, said the judge.

While on bail, M and his girlfriend were allowed contact with the child in contact sessions supervised by the local authority.

Solicitors for Kurdish-speaking M, whose English was poor, were told he would be offered a caution, and would be required to register as a sex offender.

The caution was administered on December 15, when no interpreter was present and M did not have a legal representative.

His solicitors argued there must be enough evidence for realistic prospect of conviction for a caution to be administered. The judge ruled M was entitled to his legal costs .