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Case details

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