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Supreme Court concludes that acquittals can be included within enhanced criminal record checks

R (AR) v Chief Constable of Greater Manchester Police & Anor [2018] UKSC 47

Related Member(s):
Hugh Southey QC, Anita Davies
Related Practice Area(s):
Crime and Regulatory Law, Human Rights, Public Law
Court:

This appeal considered whether disclosure of details of a rape acquittal in an Enhanced Criminal Record Certificate was compatible with ECHR, art 6(2) and art 8.

The Supreme Court unanimously dismissed the appeal and concluded that acquittals can be included within enhanced criminal records checks but has warned that such disclosures must be handled carefully. In this case it was held that disclosure of the particular acquittal was lawful. However, guidance was given about future disclosures.

Anita Davies and Hugh Southey QC were involved in this case.