ABSTRACT
This chapter is written by two practising criminal defence barristers, Karen Walton and Rebecca Penfold. It examines how the rise of vigilante justice through ‘paedophile hunters’ appears to have been readily accepted into the criminal justice system as an investigative arm of the criminal justice process. Particular focus is paid on the forum of online child abuse. This chapter analyses ramifications and potential ‘dangers’ of this contemporary development. Consideration is paid to the different methods employed by private citizens compared to that of regulated undercover police officers, and how it appears that fundamental ideals of criminal justice are being eroded. Key judgments are analysed, including the 2020 Supreme Court decision of Sutherland v HM Advocate. Practical tips are provided for those working on such cases when considering what remit, if any, remains for abuse of process or exclusion of evidence arguments. This is all considered in the backdrop of the current reality of state funded prosecutions in our modern, technology-driven society, at a time when the struggle to cope with a backlog is burdensome, whilst there is an exponential growth of online child abuse. The chapter concludes by inviting prompt change and strict regulation in order to protect children, the most vulnerable in society.
