QSA & Ors, R (On the Application Of) v National Police Chiefs' Council & Anor

QSA & Ors, R (On the Application Of) v National Police Chiefs' Council & Anor

The NPCC Policy of retaining all conviction data for 100 years is lawful, as it is clear, precise, non-discretionary, and serves the legitimate and important objective of maintaining a comprehensive criminal record system essential for the criminal justice process and public protection. The interference with Article 8 rights is proportionate, and the absence of an individual review mechanism does not render the policy unlawful.

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
Application for judicial review dismissed
Legal Topics
Retention of Criminal Records, Article 8 ECHR (right to Private Life), Police National Computer Policy, Proportionality, Judicial Review of Administrative Action
Constitutional Law Human Rights Law Criminal Law Data Protection Law Retention of Criminal Records Article 8 ECHR (right to Private Life) Police National Computer Policy Proportionality +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 26 Party arguments 2
Sign in to unlock

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 conviction data for 100 years is 'in accordance with the law' under Article 8 ECHR
  2. 2 Whether the retention policy is necessary and proportionate in a democratic society under Article 8 ECHR

Ratio Decidendi

The NPCC Policy of retaining all conviction data for 100 years is lawful, as it is clear, precise, non-discretionary, and serves the legitimate and important objective of maintaining a comprehensive criminal record system essential for the criminal justice process and public protection. The interference with Article 8 rights is proportionate, and the absence of an individual review mechanism does not render the policy unlawful.

Court Disposition

Application for judicial review dismissed