Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors Discussion Ground 1: Sufficient Legal Framework 54. The Divisional Court addressed what is now the subject of Ground 1 in this appeal at [79]-[97] of its judgment, where it asked the question: “Is there a sufficient legal framework for the use of AFR Locate?” 55. The Divisional Court set out the general principles on this issue at [80]: “The general principles applicable to the ‘in accordance with the law’ standard are well-established: see generally per Lord Sumption in Catt, above, [11]-[14]; and in Re Gallagher [2019] 2 WLR 509 at [16] – [31]. In summary, the following points apply. (1) The measure in question (a) must have ‘some basis in domestic law’ and (b) must be ‘compatible with the rule of law’, which means that it should comply with the twin requirements of ‘accessibility’ and ‘foreseeability’ (Sunday Times v United Kingdom (1979) 2 EHRR 245; Sliver v United Kingdom (1983) 5 EHRR 347; and Malone v United Kingdom (1984) 7 EHRR 14). (2) The legal basis must be ‘accessible’ to the person concerned, meaning that it must be published and comprehensible, and it must be possible to discover what its provisions are. The measure must also be ‘foreseeable’ meaning that it must be possible for a person to foresee its consequences for them and it should not ‘confer a discretion so broad that its scope is in practice dependent on the will of those who apply it, rather than on the law itself’ (Lord Sumption in Re Gallagher, ibid, at [17]). (3) Related to (2), the law must ‘afford adequate legal protection against arbitrariness and accordingly indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise’ (S v United Kingdom, above, at [95] and [99]). (4) Where the impugned measure is a discretionary power, (a) what is not required is ‘an over-rigid regime which does not contain the flexibility which is needed to avoid an unjustified interference with a fundamental right’ and (b) what is required is that ‘safeguards should be present in order to guard against overbroad discretion resulting in arbitrary, and thus disproportionate, interference with Convention rights’ (per Lord Hughes in Beghal v Director of Public Prosecutions [2016] AC 88 at [31] and [32]). Any exercise of power that is unrestrained by law is not ‘in accordance with the law’.