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

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

The inclusion of the rape allegation and acquittal in the ECRC did not violate Article 6(2) because the language used did not undermine the acquittal or treat the appellant as guilty, and did not cast doubt on the correctness of the acquittal. The disclosure was also proportionate under Article 8, as the decision-maker properly balanced the risk to vulnerable persons against the impact on the appellant's private life, and the process was not procedurally unfair given the facts of the case.

Parties
Appellant: AR; First Respondent: Chief Constable of Greater Manchester Police; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disclosure of Criminal Allegations, Enhanced Criminal Record Certificates, Presumption of Innocence, Right to Private Life, Article 6 ECHR, Article 8 ECHR, Proportionality, Police Disclosure Powers
Public Law Human Rights Law Criminal Law Disclosure of Criminal Allegations Enhanced Criminal Record Certificates Presumption of Innocence Right to Private Life Article 6 ECHR +3 more

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Parties

AR

Appellant

Chief Constable of Greater Manchester Police

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether inclusion of details of a rape allegation and acquittal in an Enhanced Criminal Record Certificate (ECRC) violated Article 6(2) (presumption of innocence) and Article 8 (right to private life) of the European Convention on Human Rights (ECHR)

Ratio Decidendi

The inclusion of the rape allegation and acquittal in the ECRC did not violate Article 6(2) because the language used did not undermine the acquittal or treat the appellant as guilty, and did not cast doubt on the correctness of the acquittal. The disclosure was also proportionate under Article 8, as the decision-maker properly balanced the risk to vulnerable persons against the impact on the appellant's private life, and the process was not procedurally unfair given the facts of the case.

Court Disposition

Appeal dismissed