T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012)

T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012)

The Supreme Court in R(L) v Commissioner of Police for the Metropolis authoritatively held that the statutory requirement to disclose all convictions and cautions (including warnings) on ECRCs is compatible with Article 8 ECHR, and this binding precedent precludes a declaration of incompatibility at first instance. The challenge to the Exceptions Order fails for the same reasons, as its rationale mirrors the disclosure provisions.

Citation
[2012] EWHC 147 (Admin)
Parties
Claimant: T; 1st Defendant: Chief Constable of Greater Manchester Police; 2nd Defendant: Secretary of State for the Home Department; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
09 February 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disclosure of Criminal Records, Article 8 ECHR, Rehabilitation of Offenders, Proportionality, Declarations of Incompatibility
Human Rights Administrative Law Criminal Law Disclosure of Criminal Records Article 8 ECHR Rehabilitation of Offenders Proportionality Declarations of Incompatibility

Case Brief

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Parties

T

Claimant

Chief Constable of Greater Manchester Police

1st Defendant

Secretary of State for the Home Department

2nd Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether mandatory disclosure of warnings on Enhanced Criminal Records Certificates under the Police Act 1997 breaches Article 8 ECHR
  2. 2 Whether the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is ultra vires

Ratio Decidendi

The Supreme Court in R(L) v Commissioner of Police for the Metropolis authoritatively held that the statutory requirement to disclose all convictions and cautions (including warnings) on ECRCs is compatible with Article 8 ECHR, and this binding precedent precludes a declaration of incompatibility at first instance. The challenge to the Exceptions Order fails for the same reasons, as its rationale mirrors the disclosure provisions.

Court Disposition

Claim dismissed