In an indecent assault trial which turned on the comparative credibility of the complainant and the defendant, the judge should have given a full good-character direction in respect of the defendant. His failure to do so, coupled with his direction that the jury should treat the unchallenged evidence of the defendant’s character witnesses with caution, […]
A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.
At a fact-finding hearing relating to the death and possible sexual assault of a child, the court highlighted difficulties with the approach to police disclosure outlined in the 2013 Protocol and Good Practice Model and made detailed suggestions for new procedural guidelines, subject to formal review by the President of the Family Division.
Alleged failures in pre-trial investigation procedure did not affect the safety of the convictions of soldiers found guilty of kidnapping, sexual assault, theft and assault occasioning actual bodily harm.
Although the prosecution’s failure to disclose to a defendant certain evidence casting doubt upon the credibility of the complainant in his rape trial was deplorable, the evidence was not so significant as to have affected the safety of the rape convictions.
A doctor’s rights under ECHR art.8 would not be breached by the police disclosing information which had been unlawfully obtained during their investigation into a patient’s allegation of sexual assault against him to the General Medical Council for the purposes of its inquiry into the doctor’s fitness to practise.
The inclusion of certain information on an individual’s enhanced criminal record certificate about an unsubstantiated allegation of sexual assault constituted a disproportionate interference with his rights under the European Convention on Human Rights 1950 art.8 where that information had an arguably unreliable basis and effectively ended the individual’s prospects of obtaining work in the caring […]
An employer was justified, on grounds of reputational risk and a breakdown of trust and confidence, in dismissing an employee after the police had disclosed that the employee posed a risk to children, where it had discharged its duty to make a reasonable investigation.
