QSA & Ors, R (On the Application Of) v National Police Chiefs' Council & Anor [2021] EWHC 272 (Admin) (12 February 2021)

QSA & Ors, R (On the Application Of) v National Police Chiefs' Council & Anor [2021] EWHC 272 (Admin) (12 February 2021)

The court held that the NPCC policy of retaining records of convictions for loitering for prostitution until age 100 is in accordance with the law and proportionate under Article 8 ECHR. The policy is clear, foreseeable, and justified by legitimate aims. The absence of an individual review mechanism does not render the policy unlawful, and the interference with private life is justified given the nature of conviction data and the objectives of crime prevention, justice administration, and safeguarding.

Citation
[2021] EWHC 272 (Admin)
Parties
Claimant: QSA; Claimant: Fiona Broadfoot; Claimant: ARB; First Defendant: National Police Chiefs' Council; Second Defendant: Secretary of State for the Home Department; Interested Party: College of Policing
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Judicial Review / Final Judgment After Remittal From Court of Appeal
Outcome
Claim dismissed
Legal Topics
Retention of Criminal Records, Article 8 ECHR (right to Private Life), Police Data Retention Policy, Proportionality, Legality of Administrative Action, Judicial Review of Police Policy
Human Rights Law Criminal Law Data Protection Law Administrative Law Retention of Criminal Records Article 8 ECHR (right to Private Life) Police Data Retention Policy Proportionality +2 more

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Parties

QSA

Claimant

Fiona Broadfoot

Claimant

ARB

Claimant

National Police Chiefs' Council

First Defendant

Secretary of State for the Home Department

Second Defendant

College of Policing

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the NPCC policy of retaining records of convictions for loitering for prostitution until age 100 is 'in accordance with the law' under Article 8 ECHR
  2. 2 Whether the policy is necessary in a democratic society and proportionate under Article 8 ECHR

Ratio Decidendi

The court held that the NPCC policy of retaining records of convictions for loitering for prostitution until age 100 is in accordance with the law and proportionate under Article 8 ECHR. The policy is clear, foreseeable, and justified by legitimate aims. The absence of an individual review mechanism does not render the policy unlawful, and the interference with private life is justified given the nature of conviction data and the objectives of crime prevention, justice administration, and safeguarding.

Court Disposition

Claim dismissed

Orders

  • Judicial review refused; the NPCC policy is lawful and proportionate under Article 8 ECHR.