R (on the application of P) v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) SECRETARY OF STATE FOR JUSTICE : R (on the application of G) v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) SECRETARY OF STATE FOR JUSTICE (3) CHIEF CONSTABLE OF SURREY : R (on the application of W) v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) SECRETARY OF STATE FOR JUSTICE : MAGDALENA KROL (Claimant) v COMMISSIONER OF POLICE OF THE METROPOLIS (Respondent) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (Intervener) (2017)

3 May 2017

[2017] EWCA Civ 321

CA (Civ Div) (Sir Brian Leveson PQBD, Beatson LJ, Thirlwall LJ)

The revised statutory scheme for the disclosure of convictions, introduced under the Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2013 following a finding that the original scheme violated ECHR art.8, remained deficient and in need of further amendment. The concept of the revised scheme did not necessarily offend art.8, but its operation in individual cases might. The provisions relating to disclosure of serious offences and multiple offences were not “in accordance with the law”.

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