AR, R (On the Application Of) v The Greater Manchester Police & Anor

AR, R (On the Application Of) v The Greater Manchester Police & Anor

The disclosure of the acquittal information in the ECRC was justified, proportionate, and no more than necessary to protect vulnerable persons, given the seriousness and relevance of the allegation. The process was not procedurally unfair as the claimant had prior opportunity to make representations. Retention of the data was not a disproportionate interference with Article 8 rights. The disclosure did not breach Article 6(2) as it did not imply guilt or undermine the acquittal.

Parties
Claimant: AR; 1st Defendant: Chief Constable of the Greater Manchester Police; 2nd Defendant: Secretary of State for the Home Department; Interested Party: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
05 September 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disclosure of Acquittal Information, Article 8 ECHR (right to Private Life), Article 6(2) ECHR (presumption of Innocence), Police Act 1997 Section 113 B, Retention of Police Data, Procedural Fairness
Human Rights Law Administrative Law Criminal Law Disclosure of Acquittal Information Article 8 ECHR (right to Private Life) Article 6(2) ECHR (presumption of Innocence) Police Act 1997 Section 113 B Retention of Police Data +1 more

Case Brief

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Parties

AR

Claimant

Chief Constable of the Greater Manchester Police

1st Defendant

Secretary of State for the Home Department

2nd Defendant

Disclosure and Barring Service

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether disclosure of acquittal information in an Enhanced Criminal Record Certificate (ECRC) breached Article 8 ECHR rights to private life
  2. 2 Whether retention of acquittal data by police breached Article 8 ECHR
  3. 3 Whether disclosure breached Article 6(2) ECHR presumption of innocence

Ratio Decidendi

The disclosure of the acquittal information in the ECRC was justified, proportionate, and no more than necessary to protect vulnerable persons, given the seriousness and relevance of the allegation. The process was not procedurally unfair as the claimant had prior opportunity to make representations. Retention of the data was not a disproportionate interference with Article 8 rights. The disclosure did not breach Article 6(2) as it did not imply guilt or undermine the acquittal.

Court Disposition

Claim dismissed

Orders

  • Judicial review claim is dismissed.