Case details

R (on the application of AR) (Appellant) v Chief Constable of Greater Manchester Police and another (Respondents)

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Case ID: UKSC 2016/0144

Case summary

Issues

Article 6(2): Whether disclosure of details of a rape acquittal in an Enhanced Criminal Record Certificate (ECRC) violates the presumption of innocence protected by Article 6(2) ECHR.

Article 8: (i) whether an appellate court should determine the issue of proportionality for itself; (ii) whether disclosure of an acquittal is disproportionate where full details of the evidence at trial are not obtained and the allegations are not established on the balance of probabilities; and (iii) whether disclosure of an acquittal in an ECRC is in accordance with law when no independent review of the information occurs prior to disclosure.

Facts

The appellant was charged with, then subsequently acquitted at trial, of rape of a 17 year old woman. The Secretary of State for the Home Department (‘SSHD’) issued an ECRC in respect of the appellant’s intended employment as a teacher. It disclosed summary details of the rape allegation and acquittal on the basis of information supplied by the Greater Manchester Police Force (‘GMP’). The appellant appealed against the provision of this information via the internal procedure of the GMP. The appeal was rejected. The appellant subsequently applied for a second ECRC in connection with his application for licence as a taxi driver. The GMP provided the same information to the SSHD for inclusion in the ECRC without consulting the appellant. This second ECRC became the subject of a judicial review.

Judgment appealed

[2016] EWCA Civ 490

Parties

Appellant

AR

Respondents
  1. Chief Constable of Greater Manchester Police
  2. Secretary of State for the Home Department

Appeal

Justices

Lord Kerr, Lord Reed, Lord Carnwath, Lord Hughes, Lord Lloyd-Jones

Hearing start date

21 Nov 2017

Hearing finish date

21 Nov 2017