Criminal convictions and qualified rights – Administrative Court Blog
‘Suppose an individual commits a criminal offence. Under an ordinary reading of that statute, their conviction may breach their Convention rights. But what should a court do, when it finds that a qualified Convention right (Articles 8-11 ECHR) is engaged, when determining whether conviction of a criminal offence is proportionate? This was the question for the Divisional Court in the context of section 5 of the Public Order Act 1986. The Court has now provided important guidance as to how Convention rights ought to be taken into account in public order cases specifically, and in criminal cases more generally. The case is Cox v Director of Public Prosecutions [2026] EWHC 2437 (Admin).’
Administrative Court Blog, 12th October 2026

