ABSTRACT
Police powers of entry came into conflict with Article 8 of the European Convention in McLeod v United Kingdom (1998). The applicant was required by a court order to surrender certain items to her former husband. The former husband entered the premises, with members of his family and a solicitor’s clerk, with the permission of the applicant’s mother, but in the applicant’s absence. The police had been called because of fears of a breach of the peace and entered the premises and checked the list of items to be removed. Following the applicant’s return, the police insisted that the husband leave with the property. The applicant’s action against the police was dismissed by the Court of Appeal. The Court of Human Rights ruled that although the police’s action was lawful and had the legitimate aim of preventing a breach of the peace, their entry in the applicant’s absence and their failure to check the terms of the court order rendered their conduct disproportionate and in violation of the right to privacy.
