AR, R (On the Application Of) v The Greater Manchester Police & Anor [2013] EWHC 2721 (Admin) (05 September 2013)

AR, R (On the Application Of) v The Greater Manchester Police & Anor [2013] EWHC 2721 (Admin) (05 September 2013)

The disclosure of the acquittal information in the ECRC was justified, reasonable, proportionate, and no more than necessary to protect children and vulnerable adults. The Chief Constable's process, though procedurally imperfect, did not render the decision unlawful. Retention of the acquittal information was not a disproportionate interference with Article 8 rights. There was no breach of Article 6(2) ECHR as the disclosure did not undermine the presumption of innocence.

Citation
[2013] EWHC 2721 (Admin)
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 at First Instance
Outcome
Claim dismissed
Legal Topics
Disclosure of Criminal Records, Article 8 ECHR (right to Private Life), Article 6(2) ECHR (presumption of Innocence), Police Powers, Proportionality, Procedural Fairness
Administrative Law Human Rights Law Criminal Law Disclosure of Criminal Records Article 8 ECHR (right to Private Life) Article 6(2) ECHR (presumption of Innocence) Police Powers Proportionality +1 more

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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 at First Instance

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 the disclosure breached Article 6(2) ECHR presumption of innocence
  3. 3 Whether the retention of acquittal information by police breached Article 8 ECHR

Ratio Decidendi

The disclosure of the acquittal information in the ECRC was justified, reasonable, proportionate, and no more than necessary to protect children and vulnerable adults. The Chief Constable's process, though procedurally imperfect, did not render the decision unlawful. Retention of the acquittal information was not a disproportionate interference with Article 8 rights. There was no breach of Article 6(2) ECHR as the disclosure did not undermine the presumption of innocence.

Court Disposition

Claim dismissed

Orders

  • Judicial review refused
  • No unlawful interference with Article 8 or Article 6(2) ECHR found