Practice and Procedure

R (on the application of B) v CHIEF CONSTABLE OF DERBYSHIRE (2011)

PUBLISHED September 16, 2011

Failure to give adequate opportunity to the subject of an enhanced criminal record certificate to see it before issue and to make representations constituted a breach of the European Convention on Human Rights art.8. The essential question was proportionality, and in a revised certificate that the subject saw, a balance had been struck between his private life and the very disturbing picture in the material.

DC (Munby LJ, Beatson J) 16/9/2011
[2011] EWHC 2362 (Admin)