header-logo header-logo

16 July 2010
Issue: 7426 / Categories: Case law , Law digest
printer mail-detail

Police

R (on the application of C) v Secretary of State for the Home Department and another [2010] EWHC 1601 (Admin), [2010] All ER (D) 25 (Jul)

Section 113B(4) of the Police Act 1997 required the chief officer—on meeting a request from the secretary of state, considering the issue of an enhanced criminal record certificate—to have regard to sub-para (a), which set out a relevance test, and sub-para (b), which involved the issue of proportionality, ie setting a balance between the importance and desirability of providing information on the one hand against, on the other, the degree of interference with and the likely consequences of such interference in the private life of the person to whom the information related.

The decision was expressly that of the chief officer; context was relevant; there was no presumption to be made against disclosure and nor was there a presumption to be made in favour of disclosure; the balance required by proportionality necessitated a close attention by the decision-maker to detail; relevant in striking the balance was the force of the accusations; and it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll