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.
Call now: +44 (0) 203 846 5801
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
The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.
ABORTION art.8 CRIMINAL LAW DECLARATIONS OF INCOMPATIBILITY ECHR 1950 art.3 HEALTH INCEST INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT JURISDICTION LOCUS STANDI NORTHERN IRELAND NORTHERN IRELAND HUMAN RIGHTS COMMISSION OFFENCES AGAINST THE PERSON RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
The failure to provide exceptions to the law in Northern Ireland prohibiting abortion in respect of fatal foetal abnormality at any time, and pregnancies due to sexual crime up to the date when a foetus became capable of an existence independent of its mother, was contrary to the ECHR art.8.
ABORTION art.12 art.14 art.2 art.34 art.46 art.6 art.8 art.8(1) CORONERS ACT (NORTHERN IRELAND) 1959 1959 CORONERS ACT (NORTHERN IRELAND) 1959 s.14(1) CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1945 s.25 CRIMINAL LAW DISCRIMINATION ECHR 1950 art.1 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT NORTHERN IRELAND OFFENCES AGAINST THE PERSON ACT 1861 s.58 PROHIBITION ON TERMINATION OF PREGNANCY WITH FATAL FOETAL ABNORMALITY OR WHERE PREGNANCY RESULTED FROM SEXUAL CRIME RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.25(1) s.59 WHETHER BREACH OF ART.8 ECHR
A decision to prosecute a 12-year-old boy for rape of a child under 13 had been taken by the Crown Prosecution Service following extensive consideration of its impact on the defendant. There was no basis for saying that its decision was incompatible with his right to respect for his private life under ECHR art.8.
CRIMINAL INVESTIGATIONS CRIMINAL PROCEDURE ECHR 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS HUMAN RIGHTS ACT 1998 PROSECUTIONS RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS
A person subject to the notification requirements of the Sexual Offences Act 2003 who wished to challenge a decision of a magistrates’ court to uphold a refusal to review the notification requirements should bring an appeal by way of case stated rather than pursue an application for judicial review.
APPEAL BY WAY OF CASE STATED RATHER THAN JUDICIAL REVIEW BURDEN OF PROOF CASE STATED CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 JUDICIAL REVIEW MAGISTRATES’ COURT UPHOLDING REFUSAL OF CHIEF CONSTABLE TO REVIEW REQUIREMENTS IMPOSED UNDER SEXUAL OFFENCES ACT 2003 NOTIFICATION REQUIREMENTS PROPORTIONALITY Pt 2 REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.81(1) s.83 s.86 s.91 s.91(1)(b) s.91B s.91B(11)(b) s.91B(2) s.91B(4) s.91C s.91C(2) s.91D s.91D(1) s.91D(1)(b) s.91D(2) s.91E s.91F Sch.3 Sch.5 SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.91A STANDARD OF PROOF
There was no need for the Sexual Offences Act 2003 to contain express wording to enable a person who was subject to a sexual offences prevention order to be required to wear an electronic monitoring device or tag when he was away from his residence. The interference with the person’s rights under the ECHR art.8 was in accordance with the law.
CRIMINAL PROCEDURE ELECTRONIC MONITORING EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS MANDATORY REQUIREMENTS NO NEED FOR EXPRESS WORDING PENOLOGY AND CRIMINOLOGY PROHIBITION REQUIREMENT TO WEAR ELECTRONIC TAG RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.104 s.104(1)(a) s.104(5) s.106 s.106(3) s.107 s.107(2) s.108 s.108(5) s.113 s.4 Sch.3 SENTENCING SEXUAL OFFENCES ACT 2003 SEXUAL OFFENCES ACT 2003 s.107(1) SEXUAL OFFENCES PREVENTION ORDERS STATUTORY INTERPRETATION VARIATION
The practice of police officers visiting the homes of registered sex offenders for the purpose of monitoring their behaviour under arrangements made pursuant to the Criminal Justice Act 2003 s.325 did not constitute an unlawful interference with the offenders’ rights under the ECHR art.8.
art.8(2) CRIMINAL JUSTICE ACT 2003 s.325 ENTRY AND SEARCH EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS LAWFULNESS OF HOME VISITS BY POLICE MONITORING NOTIFICATION REQUIREMENTS PENOLOGY AND CRIMINOLOGY POLICE POWERS OF ENTRY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.325(8) s.80(2) s.91A s.96B SEX OFFENDERS SEXUAL OFFENCES ACT 2003 Pt 2
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
A judge had not erred in refusing an application for an interim non-disclosure order where the interests of publishers and the public under the ECHR art.6 and art.10 outweighed the interests of a person under art.8 who had been arrested but not formally charged following an investigation into allegations of child sex grooming and prostitution.
art.6 art.8 art.8(2) CHILD SEX OFFENCES CONTEMPT OF COURT ACT 1981 s.4(2) CORRECTNESS OF REFUSAL TO IMPOSE INTERIM NON-DISCLOSURE ORDER ON PUBLISHERS CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.10 HUMAN RIGHTS JURISPRUDENCE MEDIA AND ENTERTAINMENT NEWSPAPERS NON-DISCLOSURE ORDERS OPEN JUSTICE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.4 SUSPECT ARRESTED BUT NOT CHARGED WITH CHILD SEX OFFENCES
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
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.