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 disclosure made was a proportionate interference with the claimant’s rights. This was a matter for assessment by the judge hearing the evidence.
Lord Carnwath said: ‘To limit intervention to a ‘significant error of principle’ is too narrow an approach, at least if it is taken as implying that the appellate court has to point to a specific principle – whether of law, policy or practice – which has been infringed by the judgment of the court below. The decision may be wrong, not because of some specific error of principle in that narrow sense, but because of an identifiable flaw in the judge’s reasoning, such as a gap in logic, a lack of consistency, or a failure to take account of some material factor, which undermines the cogency of the conclusion. However, it is equally clear that, for the decision to be ‘wrong’ under CPR 52.11(3), it is not enough that the appellate court might have arrived at a different evaluation. ‘
Lord Kerr, Lord Reed, Lord Carnwath, Lord Hughes, Lord Lloyd-Jones
[2018] UKSC 47, [2018] WLR(D) 533, [2018] 1 WLR 4079, [2019] 1 All ER 391, [2018] HRLR 17, 46 BHRC 111, (2018) 21 CCL Rep 637
Bailii, Bailii Summary, WLRD
Police Act 1997 113B, European Convention on Human Rights 8, Human Rights Act 1998
England and Wales
Citing:
At Admn – AR, Regina (on The Application of) v The Greater Manchester Police and Another Admn 5-Sep-2013
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.
Appeal from (CA) – AR, Regina (on The Application of) v Greater Manchester Police and Another CA 10-Jun-2016
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 . .
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Cited – S, Regina (on the Application of) v West Mercia Constabulary and Another Admn 18-Nov-2008
The claimant complained of an enhanced disclosure of his record disclosing has arrest and trial on charges of outraging public decency. He said that he had been acquitted in terms which clearly said that the case was one of mistaken identity.
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Cited – LG v The Independent Monitor Admn 21-Dec-2017
The ECRC recorded the acquittal of a nurse on charges of theft from a patient, noting that her earlier admission of theft had been ruled inadmissible at trial, and the jury directed to acquit.
Held: The information had been properly included. . .
Cited – Regina (BW) v Independent Monitor Admn 2015
The ECRC had included the reasons given by a District Judge in the Youth Court for acquitting the applicant of a charge of common assault, including his view that ‘the burden of proof was not to the required standard and that the benefit of the . .
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Cited – A, Regina (on The Application of) v Kent Constabulary CA 20-Dec-2013
The claimant had successfully challenged the terms of an enhanced Criminal Record certificate. The Chief Constable now appealed. . .
Cited – A, Regina (on The Application of) v The Chief Constable of Kent Constabulary Admn 8-Mar-2013
Claim under the Human Rights Act 1998, in respect of the Defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate; the ECRC recorded that the applicant was found not . .
Cited – RK, Regina (on The Application of) v South Yorkshire Police and Another Admn 10-Jun-2013
Dispute between the claimant and South Yorkshire Police (‘SYP’) in connection with the latter’s proposed disclosure to prospective employers of information relating to events allegedly involving the claimant that occurred almost ten years ago. . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Allen v The United Kingdom ECHR 12-Jul-2013
The applicant alleged under Article 6 ss 2 of the Convention that the decision, following her acquittal, to refuse her compensation for a miscarriage of justice violated her right to be presumed innocent. . .
Cited – Re B (A Child) (Care Proceedings: Threshold Criteria) SC 12-Jun-2013
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of . .
Cited – C, Regina (on The Application of) v Secretary of State for Work and Pensions CA 9-Feb-2016
The Court was asked whether, in the context of awarding Jobseeker’s Allowance, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Held: The appeal . .
Cited – McGraddie v McGraddie and Another (Scotland) SC 31-Jul-2013
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his . .
Cited – Abela and Others v Baadarani SC 26-Jun-2013
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .
Cited by:
Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Cited – Rhuppiah v Secretary of State for The Home Department SC 14-Nov-2018
Ms R had overstayed, but resisted deportation claiming a long term relationship with a man for who she cared. Her leave was continued 11 times. A Seventh Day Adventist, the care she provided was as a friend. Indefinite leave to remain was refused . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.620171