Statutory body may use knowledge but not direct material from seized phone in disciplinary process

The Supreme Court partially allowed an appeal by a statutory body in relation to its use of information obtained from a search of a member's mobile phone during a criminal investigation, holding that while the 'derivative' or 'indirect' use of lawfully acquired information for disciplinary purposes is permissible, the direct use of materials downloaded from the phone is not. The Court declined to issue a broad declaration regarding these powers, stating the judgment speaks for itself. Further, the Court declined to order the immediate return of the phone to the applicant, leaving outstanding technical and legal issues (including the presence of allegedly unlawful material) to be resolved either by agreement between the parties or, failing that, in the District Court under the Police Property Act 1897. On costs, the Court awarded the applicant 50% of his costs in each court, acknowledging the novel and important nature of the issues addressed.