J, R (on the application of) v The Chief Constable of Devon & Cornwall

J, R (on the application of) v The Chief Constable of Devon & Cornwall

The disclosure of the 2007 and 2011 allegations in the claimant’s ECRC was a disproportionate interference with her Article 8 rights. The allegations were unproven, lacked sufficient gravity and reliability, and did not justify overriding her right to private life. The cumulative effect of the allegations did not...

Source-derived case information.

Parties
Claimant: The Queen (on the application of ‘J’); Defendant: The Chief Constable of Devon and Cornwall
Jurisdiction
England and Wales
Judgment Date
26 October 2012
Procedural Posture
Judicial Review / Final Judgment After Expedited Hearing
Outcome
Application allowed; disclosure decision quashed
Legal Topics
Disclosure of Criminal Records, Article 8 ECHR (right to Private Life), Police Decision Making, Proportionality, Procedural Fairness
Administrative Law Human Rights Law Employment Law Disclosure of Criminal Records Article 8 ECHR (right to Private Life) Police Decision Making Proportionality Procedural Fairness

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Summary, issues, holding and outcome

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Parties

The Queen (on the application of ‘J’)

Claimant

The Chief Constable of Devon and Cornwall

Defendant

Procedural Posture

Judicial Review / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether the disclosure of unproven allegations in an Enhanced Criminal Records Certificate (ECRC) was a disproportionate interference with the claimant’s Article 8 rights
  2. 2 Whether the claimant should have been given an opportunity to make representations before disclosure
  3. 3 Whether the police’s decision-making process was lawful and proportionate

Ratio Decidendi

The disclosure of the 2007 and 2011 allegations in the claimant’s ECRC was a disproportionate interference with her Article 8 rights. The allegations were unproven, lacked sufficient gravity and reliability, and did not justify overriding her right to private life. The cumulative effect of the allegations did not tip the balance in favour of disclosure. The claimant should have been given an opportunity to make representations before disclosure, and the police’s decision-making process was flawed.

Court Disposition

Application allowed; disclosure decision quashed

Orders

  • Declaration that the disclosure breached the claimant’s Article 8 rights
  • Quashing of the disclosure decisions up to and including the letter of 24 April 2012