R (on the application of A (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2019/0065
Case summary
Issue
Whether the Multi Agency Public Protection Arrangements guidance is unlawful.
Facts
The Appellant has five convictions for indecent assault on minors. The Appellant challenged the legality of the arrangements made by police in South Yorkshire for the retention and disclosure of information and data relating to the Appellant and these assaults. It was common ground that the retention by the police of certain data relating to the Appellant, which might in certain circumstances be disclosed, engaged article 8 of the European Convention on Human Rights ("ECHR"). However, the High Court held that the scheme for disclosure does provide adequate guarantees against arbitrariness and is "in accordance with the law" [HC 56]. Moreover, the collection, ordering and possible disclosure of data is in the pursuit of a legitimate aim, namely the interests of public safety, the prevention of crime and the protection of rights and freedoms of others. The Appellant appealed and the Court of Appeal dismissed the appeal. The Appellant now appeals to the Supreme Court.
Parties
Appellant(s)
R (on the application of A)
Respondent(s)
Secretary of State for the Home Department
Appeal
Justices
Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Burnett
Hearing start date
10 February 2021
Hearing finish date
10 February 2021
| Watch hearing | ||
|---|---|---|
| 10 Feb 2021 | Morning session | Afternoon session |
Reporting Restrictions
R (on the application of A (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2019/0065
There are strict reporting restrictions in place, because:
THE COURT ORDERED that no one shall publish or reveal the name or address of the Appellant who is the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the Appellant or of any member of his family in connection with these proceedings.
Future Judgment Update
Please note that appeal in the matter of R (on the application of A (Appellant) v Secretary of State for the Home Department (Respondent) has been heard by the Supreme Court and is currently awaiting judgment.
As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.