Child
R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37, [2021] All ER (D) 115 (Jul)
The appellant failed in its challenge to the Child Sex Offender Disclosure Scheme Guidance (the Guidance), as amended in 2012, issued by the Secretary of State in exercise of her common law powers. In dismissing the appeal, the Supreme Court held, among other things, that: (i) assessed by reference to the test in Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402, the Guidance (in the version in issue in the proceedings) was clearly lawful; and (ii) the Guidance was ‘in accordance with the law’ within the meaning of art 8(2) of the European Convention on Human Rights: a police force which sought to comply with its legal duties under the European Court of Human Rights and the domestic courts, as the Guidance encouraged it to do, would act ‘in accordance with the law’ for the purposes of art 8(2) of the Convention.
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CPRE
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