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Grace, Jamie (2014)
Publisher: Vathek Publishing
Languages: English
Types: Article
Subjects:
  • The results below are discovered through our pilot algorithms. Let us know how we are doing!

    • 11 [2009] UKSC 3, [2010] 1 AC 410.
    • 12 R (on the application of T) v Chief Constable of Greater Manchester [2013] EWCA Civ 25, [2013] 1 WLR 2515.
    • 13 R (on the application of T) v Chief Constable of Greater Manchester [2012] EWHC 147 (Admin), [2012] 2 Cr App R 3 at [23].
    • 15 The work of the family courts typically sees a balancing of the need for anonymity and respect for private and family life, despite the all-important policy concerns of the need for public protection measures and interventions. See M. Oswald, 'Disclosure of Personal Data Relating to Children and Vulnerable Adults-Balancing Public and Private Interests' (2013) 9(3) Freedom of Information 6.
    • 16 See J. Grace, '“Too Well-travelled”, Not Well-formed? The Reform of “Criminality Information Sharing” in England and Wales' (2013) 86 Police Journal 29.
    • 17 Oswald, above n. 15 at 8.
    • 18 [2010] UKSC 17, [2011] 1 AC 331.
    • 19 T. Thomas and D. Thompson, 'Applications to Come Off the UK Sex Offender Register: The Posi on after F and Thompson v. Home Office 2010' (2012) 51(3) Howard Journal 274.
    • 20 (2009) 48 EHRR 50. See C. McCartney, 'Of Weighty Reasons and Indiscriminate Blankets: The Retention of DNA for Forensic Purposes' (2012) 51(3) Howard Journal 245.
    • 21 S and Marper v United Kingdom (2009) 48 EHRR 50 at para. 125.
    • 22 R (on the application of F) v Secretary of State for the Home Department [2010] UKSC 17, [2011] 1 AC 331 at [34].
    • 23 Ibid. at [56].
    • 24 L. Janes, 'Children Convicted of Sexual Offences: Do Lifelong Labels Really Help?' (2011) 50(2) Howard Journal 137 at 138.
    • 25 The DBS list of 752 specified offences comprises mainly violent and sexual offences, and can be found at https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-neverbe-filtered-from-a-criminal-record-check, accessed at 20 February 2014.
    • 26 Grace, above n. 16.
    • 27 R (on the application of C) v Chief Constable of Greater Manchester [2011] EWCA Civ 175, [2011] 2 FLR 383.
    • 28 R (on the application of Catt and T) v ACPO and Metropolitan Police [2013] EWCA Civ 192, [2013] 1 WLR 3305.
    • 29 R (on the application of W) v Chief Constable of Warwickshire [2012] EWHC 406 (Admin).
    • 30 R (on the application of T) v Chief Constable of Greater Manchester [2013] EWCA Civ 25, [2013] 1 WLR 2515.
    • 31 See the discussion below with regard to reforms under the Protection of Freedoms Act 2012 on the way that normative shifts in attitudes in society can result in the debatable shifting of a historical offence from the status of a conviction record to a matter of historical record.
    • 32 R v Hamer [2010] EWCA Crim 2053 at [16], per Thomas LJ.
    • 33 R (on the application of T) v Chief Constable of Greater Manchester [2013] EWCA Civ 25, [2013] 1 WLR 2515.
    • 34 L. Campbell, 'Criminal Labels, the European Convention on Human Rights and the Presumption of Innocence' (2013) 76 MLR 681. This area of discussion is, however, beyond the scope of this Comment.
    • 35 M. Nash, 'Cut Price Public Protection?' (2012) 51(3) Howard Journal 261.
    • 36 Grace, above n. 16 referring to R (on the application of B) v Chief Constable of Derbyshire Constabulary [2011] EWHC 2362 (Admin); R (on the application of B) (W) v Chief Constable of Warwickshire Police [2012] EWHC 406 (Admin); R (on the application of the Royal College of Nursing) v Secretary of State for the Home Department [2010] EWHC 2761 (Admin), [2011] PTSR 1193; R (on the application of N) v A Local Authority [2010] EWHC 3602 (Admin); R (on the application of J) v Chief Constable of Devon and Cornwall [2012] EWHC 2996 (Admin); C v Chief Constable of Greater Manchester [2011] EWCA Civ 175, [2011] 2 FLR 383; X v Chief Constable of South Yorkshire [2012] EWHC 2954 (Admin); In the Matter of An Application by JR59 for Judicial Review [2012] NIQB 66; R (on the application of J) v Commissioner of Police of the Metropolis [2012] EWHC 1681 (Admin); R (on the Application of V) v Commissioner of Police for the City of London [2012] EWHC 3430 (Admin); In the Matter of an Application by Fergus Gaughran for Judicial Review [2012] NIQB 88.
    • 37 R (on the application of Charles) v Central Criminal Court [2012] EWHC 2581 (Admin) at [20], per Singh J obiter.
    • 38 As was the case in R (on the application of C) v Secretary of State for the Home Department [2011] EWCA Civ 175.
    • 39 For an outline of the difficulties inherent in this sort of transition, see J. Grace, 'Privacy, Stigma and Public Protection: A Socio-Legal Analysis of Criminality Information Practices in the UK' (2013) 41(4) International Journal of Law, Crime and Justice 303.
    • 40 J. Fenton, 'Risk Aversion and Anxiety in Scottish Criminal Justice Social Work: Can Desistance and Human Rights Agendas Have an Impact?' (2013) 52(1) Howard Journal 77 at 83.
    • 41 Ibid. at 87. Take, for example, the provisions introduced in s. 92 of the Protection of Freedoms Act 2012, which encapsulate the power of a Secretary of State to disregard convictions or cautions. Section 92 provides:
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