| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 223 (Jan) |
| Neutral Citation: | [2004] EWHC 61 (Admin) |
| Court: | Administrative Court |
| Judge: | Wall J |
| Representation | Dan Squires (instructed by Public Law Solicitors) for the claimant. |
| Fiona Barton (instructed by John Kilbey) for the chief constable. | |
| Judgment Dates: | 23 January 2004 |
Catchwords
Police - Information held by police - Disclosure of information to prospective employee - Claimant previously interviewed and charged - Claimant acquitted on prosecution offering no evidence - Approach to be adopted by chief constable - Lawfulness of disclosure - s 115(7) - European Convention on Human Rights, art 8.
The Case
Although on its face s115(7) of the gave a very wide and apparently subjective discretion to a chief constable, whilst defining the parameters of that discretion it did not exclude the operation of common law principles to its exercise. Accordingly he had to consider his decision in accordance with the rules of natural justice and procedural fairness. He further had to determine whether there was a pressing need to disclose in compliance with art8 of the European Convention on Human Rights.
Practice Areas
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