T, R (on the application of) v Greater Manchester Police & Anor

T, R (on the application of) v Greater Manchester Police & Anor

The binding authority of the Supreme Court in R(L) v Commissioner of Police for the Metropolis requires the conclusion that the disclosure provisions of the Police Act 1997, insofar as they mandate disclosure of all convictions, cautions, and warnings, are compatible with Article 8 ECHR. The same reasoning applies to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Although the judge expressed concern about the proportionality of a system with no exceptions or review, he held that he was bound by precedent to dismiss the claim.

Parties
Claimant: The Queen on the Application of T; 1st Defendant: The Chief Constable of Greater Manchester Police; 2nd Defendant: The Secretary of State for the Home Department; Interested Party: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
09 February 2012
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Disclosure of Criminal Records, Article 8 ECHR, Rehabilitation of Offenders, Judicial Review, Compatibility of Legislation With ECHR
Human Rights Law Criminal Law Employment Law Disclosure of Criminal Records Article 8 ECHR Rehabilitation of Offenders Judicial Review Compatibility of Legislation With ECHR

Case Brief

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Parties

The Queen on the Application of T

Claimant

The Chief Constable of Greater Manchester Police

1st Defendant

The Secretary of State for the Home Department

2nd Defendant

The Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the disclosure of warnings, cautions, and convictions under the Police Act 1997 is compatible with Article 8 ECHR
  2. 2 Whether the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is ultra vires or incompatible with Article 8 ECHR

Ratio Decidendi

The binding authority of the Supreme Court in R(L) v Commissioner of Police for the Metropolis requires the conclusion that the disclosure provisions of the Police Act 1997, insofar as they mandate disclosure of all convictions, cautions, and warnings, are compatible with Article 8 ECHR. The same reasoning applies to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Although the judge expressed concern about the proportionality of a system with no exceptions or review, he held that he was bound by precedent to dismiss the claim.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review is dismissed
  • Permission to appeal to the Court of Appeal is granted to the unsuccessful party