Mug shot man claims victory

Convicted burglar Gary Ellis claims a court victory

Police have been told to rethink a poster campaign which was to use a "mug shot" of a convicted burglar.

Judges sitting at the High Court in London said they needed "more information" before they could declare whether the intended campaign was legal.

Lawyers said it was "significant" victory for Gary Ellis, whose face police wanted to use on posters in his home town of Brentwood in Essex.

However, appeal judges did say that after a review the poster scheme may be declared legal.

Lord Woolf, the Lord Chief Justice, sitting with Mr Justice Goldring, said: "The court states that there is a need for appraisal and monitoring of the scheme.

Family 'stigmatised'

"However, the court is not prepared to declare that following such an assessment the scheme could not be operated lawfully for a trial period."

The question whether the scheme was lawful "can only be finally answered when the court considers the circumstances of a specific individual's case" following the further appraisal.

Lawyers for 28-year-old Ellis, asked judges to rule that featuring his photograph, name and conviction details on posters in his home town would breach his human rights.

They also claimed it would unfairly stigmatise him and his family.

Ellis is currently serving a three-and-a-half year sentence for theft offences.

'No green light'

Tim Owen QC, appearing for Ellis, told the judges that, even though the court granted no declarations in favour of his client, to all intents and purposes he had won a significant victory.

Mr Owen said the ruling had referred to the "inappropriateness" of using any offender in the scheme who was a parent.

On that basis Ellis could not be a suitable candidate for the scheme.

Mr Owen added that the court had not given Essex police "the green light".

He said: "The court has indicated that it would not be appropriate to proceed with the existing scheme, which requires a good deal of work and research before it is capable, if at all, of being lawful."