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, simply because they knew him well, rendered the defendant’s conviction unsafe.
ADMISSIBILITY BAD CHARACTER CHILDREN’S HOMES CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE GOOD CHARACTER HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS SEVERANCE
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.
CHILDREN DISCLOSURE ECHR 1950 art.8 ENHANCED CRIMINAL RECORD CERTIFICATES HUMAN RIGHTS POLICE PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL ASSAULT
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.
BURDEN OF PROOF CHILDREN CIVIL EVIDENCE CRIMINAL EVIDENCE DEATH DISCLOSURE FORENSIC EVIDENCE GUIDELINES POLICE SEXUAL ASSAULT
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.
ACTUAL BODILY HARM ARMED FORCES ARMED FORCES INVESTIGATION ASSAULT AND SEXUAL ASSAULT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE FAILURE TO KEEP CONTEMPORANEOUS RECORD OF MATERIAL OBTAINED DURING INVESTIGATION FRESH EVIDENCE GERMANY KIDNAPPING PROSECUTION DISCLOSURE SAFETY OF CONVICTION FOR KIDNAPPING SENTENCE LENGTH SENTENCING SEXUAL ASSAULT THEFT TOTALITY OF SENTENCE
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.
CREDIBILITY CRIMINAL APPEAL ACT 1995 CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE FAILURE TO DISCLOSE EVIDENCE CASTING DOUBT ON COMPLAINANT’S CREDIBILITY FRESH EVIDENCE RAPE TRIAL
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.
art.8(2) DISCLOSURE ECHR 1950 art.8(1) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 FITNESS TO PRACTISE GENERAL MEDICAL COUNCIL HEALTH HUMAN RIGHTS INTERVIEW RECORDS LEGITIMATE AIM MEDICAL ACT 1983 s.35A POLICE POLICE INQUIRIES PRIVATE DOCUMENTS PROFESSIONS PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1(1)(a) s.3(5) s.35A(4) s.35A(6) s.35C(2) SEXUAL ASSAULT
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 community.
AMOUNTING TO DISPROPORTIONATE INTERFERENCE WITH RIGHTS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS ART.8 DISCLOSURE ECHR 1950 ENHANCED CRIMINAL RECORD CERTIFICATES EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 FAIRNESS HUMAN RIGHTS POLICE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE UNSUBSTANTIATED ALLEGATIONS OF SEXUAL ASSAULT ON CERTIFICATE
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.
art.8 CHILD SEX OFFENCES DISCLOSURE EMPLOYMENT EMPLOYMENT RIGHTS ACT 1996 s.98(4) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 MUTUAL TRUST AND CONFIDENCE POLICE POLICE DISCLOSURE THAT EMPLOYEE POSED RISK TO CHILDREN POLICE POWERS AND DUTIES REPUTATION REPUTATIONAL RISK IN ABSENCE OF PROVEN MISCONDUCT s.9(8) s.98(1) s.98(1)(b) s.98(1)(d) s.98(2) s.98(2)(b) SHOWING SUBSTANTIAL REASON FOR DISMISSAL SUMMARY DISMISSAL UNFAIR DISMISSAL WRONGFUL DISMISSAL