G, R (On the Application Of) v Chief Constable of Surrey Police & Ors

G, R (On the Application Of) v Chief Constable of Surrey Police & Ors

The statutory regime for mandatory disclosure of juvenile reprimands for sexual offences lacks sufficient procedural safeguards to assess relevance and proportionality, rendering the interference with private life not in accordance with the law under Article 8 ECHR. The Chief Constable's refusal to delete the reprimands was lawful, but the statutory scheme is incompatible with the claimant's rights.

Parties
Claimant: G; First Defendant: Chief Constable of Surrey Police; Second Defendant: Secretary of State for the Home Department; Third Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
19 February 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim against Chief Constable dismissed; declaration of incompatibility granted against Secretaries of State.
Legal Topics
Retention and Disclosure of Criminal Records, Rehabilitation of Offenders, Disclosure and Barring Service, Article 8 ECHR, Police National Computer, Juvenile Justice, Proportionality, Procedural Safeguards
Criminal Law Human Rights Law Administrative Law Data Protection Retention and Disclosure of Criminal Records Rehabilitation of Offenders Disclosure and Barring Service Article 8 ECHR +4 more

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Parties

G

Claimant

Chief Constable of Surrey Police

First Defendant

Secretary of State for the Home Department

Second Defendant

Secretary of State for Justice

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Chief Constable's refusal to delete reprimands was lawful
  2. 2 Whether the statutory disclosure regime is compatible with Article 8 ECHR
  3. 3 Whether sufficient procedural safeguards exist for disclosure of juvenile reprimands

Ratio Decidendi

The statutory regime for mandatory disclosure of juvenile reprimands for sexual offences lacks sufficient procedural safeguards to assess relevance and proportionality, rendering the interference with private life not in accordance with the law under Article 8 ECHR. The Chief Constable's refusal to delete the reprimands was lawful, but the statutory scheme is incompatible with the claimant's rights.

Court Disposition

Claim against Chief Constable dismissed; declaration of incompatibility granted against Secretaries of State.

Orders

  • Claim against Chief Constable dismissed
  • Declaration of incompatibility under Human Rights Act 1998 granted against Secretaries of State for Home Department and Justice