Source: All England Reporter
Publisher Citation: [2017] All ER (D) 52 (May)
Neutral Citation: [2017] EWCA Civ 321
Court: Court of Appeal, Civil Division

Sir Brian Leveson P, Beatson and Thirlwall LJJ

Representation James Eadie QC, Kate Gallafent QC and Naina Patel (instructed by the Government Legal Department) for the Secretaries of State for the Home Department and for Justice.
  Hugh Southey QC and Nick Armstrong (instructed by Liberty) for P.
  Tim Owen QC and Quincy Whitaker (instructed by Hodge, Jones & Allen) for G.
  Alex Offer (instructed by Minton Morrill) for W.
  Anne Studd QC and Robert Talalay (instructed by Weightmans) for the Chief Constable of Surrey Police.
  Al Mustakim (instructed by Capital Solicitors) for MK.
  Alison Hewitt (instructed by Directorate of Legal Services, New Scotland Yard) for the Metropolitan Police Commissioner.
Judgment Dates: 3 May 2017


Police - Disclosure of information - Enhanced criminal record certificate - Right to respect for private and family life - Statutory scheme for rehabilitation of offenders - Convictions, cautions, warnings and reprimands in respect of certain offences deemed spent after specified periods of time - Statutory scheme for disclosing records of convictions and cautions - Whether provisions for disclosure breaching right to respect for private and family life - Whether records of certain cautions, reprimands or convictions ought to be expunged from records - European Convention on Human Right, art 8.

The Case

Police Disclosure of information. The Court of Appeal, Civil Division, considered a number of appeals involving individuals with previous criminal convictions-cautions-reprimands, the Metropolitan Police Commissioner, the Chief Constable of Surrey Police and the Secretaries of State for Justice and the Home Department. A number of determinations were made in relation to the statutory scheme in relation to the disclosure of convictions and the retention in individual cases by the police of caution, reprimands and other material, and whether the revised scheme complies with art8 of the European Convention of Human Rights.

Practice Areas

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