Challenge to Enhanced Criminal Record Certificate Citations: [2012] EWHC 406 (Admin) Links: Bailii Statutes: Police Act 1997 113B Jurisdiction: England and Wales Police Updated: 26 July 2022; Ref: scu.451810
The claimant sought judicial review of the enhanced criminal record certificate issued by the respondent on his application for a licence as a private hire driver. Raynor QC [2013] EWHC B19 (Admin) Bailii Police Act 1997 113B England and Wales Police Updated: 21 November 2021; Ref: scu.516453
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to enter a sports studies degree. Held: The application for review was unsuccessful. Parker … Continue reading T, Regina (on The Application of) v Greater Manchester Police and Another: Admn 9 Feb 2012
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an arrest was necessary. He said that the fact of the arrest would operate against him in … Continue reading Richardson v The Chief Constable of West Midlands Police: QBD 29 Mar 2011
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
The claimant sought judicial review of the enhanced criminal record issued by the respondents when he sought a licence as a private hire driver. He had been tried and acquitted on a charge of rape.
Held: The request for review failed.
The claimant complained that despite his acquittal after trial on a charge of rape, the accusation was revealed by the defendant on application for an enhanced criminal record certificate.
Held: The information contained in the certificate . .
The claimant challenged the decision of the respondent not to remove certain historical facts from disclosure in the enhanced Criminal Record Certificate issued by them. Held: The caim was successful. Judges: Stuart-Smith J Citations: [2013] EWHC 869 (Admin) Links: Bailii Statutes: Police Act 1997 113B Jurisdiction: England and Wales Police Updated: 17 November 2022; Ref: … Continue reading L, Regina (on The Application of) v Cumbria Constabulary: Admn 19 Apr 2013
The applicant challenged the disclosure of old allegations of criminal behaviour on his application for an Enhanced Criminal Records Bureau Certificate in support of his application for a hackney carriage license. Judges: Blair QC HHJ Citations: [2016] EWHC 655 (Admin), [2016] 4 WLR 88, [2016] WLR(D) 233 Links: Bailii, WLRD Statutes: Police Act 1997 113B(4) … Continue reading MS Regina (on The Application of) v The Independent Monitor of The Home Office and Another: Admn 18 Apr 2016
Hate-Incident Guidance Inflexible and Unlawful The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this appeal, sets out the national policy in relation to the … Continue reading Miller v The College of Policing: CA 20 Dec 2021
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
