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Enhanced Criminal Record Disclosures Found Not Proportionate

R (on the application of) RK v Chief constable of South Yorkshire Police and Disclosure and Banning Service [2013] EWHC 1555 (Admin)
The High Court of England and Wales has permitted a challenge against enhanced criminal record check disclosures by the South Yorkshire Police, finding in favour of the applicant. The Chief Constable of South Yorkshire Police decided to issue an enhanced criminal records certificate with reference to allegations of sexual assault of which the claimant teacher had been acquitted. The claimant judicially reviewed the decision and the court ruled that the South Yorkshire Police had not properly exercised proportionality. The police had believed that the claimant had been fortunate to be acquitted and had decided to treat the allegations as correct. The court quashed the police decision to disclose the allegations made against the claimant on his enhanced criminal record check. The court also issued some guidance as to what type of material might be disclosed in EHRCs in future. The guidance can be found in the judgment at paragraphs 86 – 89.

Criminal Law, Rights of Offenders