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Post-mortem relational privacy: R v Lewis and Jaffer: a second look

Post-mortem relational privacy: R v Lewis and Jaffer: a second look
Post-mortem relational privacy: R v Lewis and Jaffer: a second look
In R v Collins; R v Lewis and Jaffer, the Court of Appeal of England and Wales refused leave to appeal for the sentences of former police officers Jamie Lewis and Deniz Jaffer. Lewis and Jaffer both pleaded guilty to misconduct in public office for taking and disseminating pictures of the murdered sisters Bibaa Henry and Nicole Smallman. This note focusses on the sentencing remarks by HHJ Lucraft KC where he noted that the actions of the former officers disregarded the privacy of the sisters and their family. This opens up an avenue to discuss whether there is any form of redress for the sisters and their family for the disregard of their privacy. This note argues that common law (currently) provides no such redress for either, whereas the European Convention on Human Rights provides some redress for the family. This ultimately asks whether common law should evolve.
Death images, Death images; privacy protection; misuse of private information
1361-1526
681-691
Nwabueze, Remigius
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
White, Matthew
5c7bf142-d479-40bc-8a10-7c49dd81adf5
Nwabueze, Remigius
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
White, Matthew
5c7bf142-d479-40bc-8a10-7c49dd81adf5

Nwabueze, Remigius and White, Matthew (2026) Post-mortem relational privacy: R v Lewis and Jaffer: a second look. European Human Rights Law Review, 6, 681-691, [6].

Record type: Article

Abstract

In R v Collins; R v Lewis and Jaffer, the Court of Appeal of England and Wales refused leave to appeal for the sentences of former police officers Jamie Lewis and Deniz Jaffer. Lewis and Jaffer both pleaded guilty to misconduct in public office for taking and disseminating pictures of the murdered sisters Bibaa Henry and Nicole Smallman. This note focusses on the sentencing remarks by HHJ Lucraft KC where he noted that the actions of the former officers disregarded the privacy of the sisters and their family. This opens up an avenue to discuss whether there is any form of redress for the sisters and their family for the disregard of their privacy. This note argues that common law (currently) provides no such redress for either, whereas the European Convention on Human Rights provides some redress for the family. This ultimately asks whether common law should evolve.

Text
Post-mortem Relational Privacy- R v Collins; R v Lewis and Jaffer - A Second Look - Accepted Manuscript
Restricted to Repository staff only until 29 January 2027.
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More information

Published date: 29 January 2026
Keywords: Death images, Death images; privacy protection; misuse of private information

Identifiers

Local EPrints ID: 511459
URI: http://eprints.soton.ac.uk/id/eprint/511459
ISSN: 1361-1526
PURE UUID: c142dc63-d4c2-42f8-8d0a-e9fecd931d85
ORCID for Remigius Nwabueze: ORCID iD orcid.org/0000-0002-3100-6427

Catalogue record

Date deposited: 15 May 2026 16:37
Last modified: 16 May 2026 01:41

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Contributors

Author: Matthew White

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