RD was arrested for theft from a shop when a young child. She admitted the offence and no action was taken. After gaining a degree in criminology, she was refused entry as a police service support officer, on the basis of that record. She now appealed against a refusal to expunge the record. It was now accepted that the record was spent and that the refusal had been unlawful.
Held: the requirement for full disclosure by a would-be police constable of all convictions and cautions, including reprimands received as a child, is in accordance with the law within the meaning of Article 8 ECHR and that it is necessary in a democratic society for the prevention of disorder or crime or for the protection of the rights or freedoms of others, however: ‘while this judgment has necessarily focused on the position of would-be police constables in general, it is important not to lose sight of the undoubted fact that this claimant was shabbily treated by the South Wales police. Sadly, it may be too late, in her case, for a fulfilling career within the police service, but it seems to me that any policy which resulted in the application of an otherwise well qualified candidate like RD being peremptorily rejected because of a reprimand received for minor shoplifting at the age of 13 is highly unlikely to be lawful.’
Lord Justice Males
[2020] EWCA Civ 1346
Bailii
England and Wales
Police, Human Rights
Updated: 18 January 2022; Ref: scu.655027
