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
A 30-year delay on the part of a complainant did not render an offender’s convictions for indecent assault, indecency with a child, and rape unsafe as the judge had sufficiently dealt with any prejudice to the offender in his summing up and directions to the jury and there had been other evidence that supported the complainant’s evidence.
“HISTORIC” OFFENCES 30-YEAR DELAY BETWEEN INCIDENT GIVING RISE TO ALLEGATIONS AND COMPLAINANT’S ALLEGATIONS ABUSE OF PROCESS BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL LAW DELAY FAIRNESS INDECENCY INDECENT ASSAULT PREJUDICE TO OFFENDER PREVIOUS CONVICTIONS PROPENSITY RAPE SAFETY OF CONVICTIONS SEXUAL OFFENCES STAY OF PROCEEDINGS
A judge had not erred in refusing to stay proceedings for abuse of process in a trial concerning sexual offences which took place after the death of a defence witness, where there was no suggestion that the witness would have given unique or striking evidence, and the judge had properly directed the jury on the matter so as not to render the trial unfair.
ABUSE OF PROCESS ADEQUACY OF JURY DIRECTIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEATH OF KEY DEFENCE WITNESS DEFENCE EVIDENCE DEFENCE WITNESSES FAIRNESS INDECENT ASSAULT RIGHT TO FAIR TRIAL STAY OF PROCEEDINGS WHETHER ABSENCE OF EVIDENCE AFFECTED OUTCOME WITNESSES
The presence of a serving police officer on a jury in a criminal trial had not compromised the fairness of that trial because, although the case involved allegations of improper police conduct in relation to offences admitted as evidence of propensity, it did not involve a dispute of evidence between defence and police witnesses, and the officer serving on the jury could not be said to have been biased.
ABUSE OF PROCESS BIAS CASE INVOLVING ALLEGATIONS OF IMPROPER CONDUCT BY POLICE CHILD SEX OFFENCES CRIMINAL PROCEDURE EFFECT ON FAIRNESS OF TRIAL FAIRNESS JURORS POLICE OFFICERS RAPE SERVING POLICE OFFICER ON JURY
A summing up which repeatedly invited the jury to consider what motive the complainant would have for lying in relation to her allegations of sexual abuse by the defendant failed to strike a fair and proper balance between prosecution and defence.
CHILD SEX OFFENCES CREDIBILITY CREDIBILITY OF COMPLAINANT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DUTY TO STRIKE FAIR BALANCE BETWEEN PROSECUTION AND DEFENCE FAIRNESS IMPARTIALITY SUMMING UP VICTIMS
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