JR59's Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 04 October 2012 |
| Neutral Citation | [2012] NIQB 66 |
| Date | 04 October 2012 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2012 |
1
Neutral Citation No: [2012] NIQB 66
Ref:
TRE8602
Judgment: approved by the Court for handing down
Delivered:
4/10/2012
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
JR59’s Application [2012] NIQB 66
IN THE MATTER OF AN APPLICATION BY JR59 FOR JUDICIAL REVIEW
_______
TREACY J
Introduction
[1] The applicant challenges a decision by the Chief Constable of the PSNI of 6
July 2011 whereby he decided to issue information to Access NI which subsequently
featured in an Enhanced Criminal Record Certificate (“ECRC”) issued on 7 July 2011.
The impugned information was in the following terms:
“The applicant was arrested and interviewed by
police on 20 October 1997 regarding allegations of
indecent assault and gross indecency on a male child
aged 8/9 years old between 1988/1990. The
applicant strenuously denied the allegations, which
were uncorroborated. The Director of Public
Prosecutions directed No Prosecution on 13 January
1998 as there was insufficient evidence to sustain a
reasonable prospect of conviction.”
[2] The disclosure of this information is made pursuant to s115(7) of Part V of the
Police Act 1997 (now s113B of the same Act).
[3] The applicant challenges this disclosure contending that:
(i) it is a disproportionate interference with his right to respect for private
and family life under Art8 ECHR;
To continue reading
Request your trial
2 books & journal articles
-
‘Too Well-Travelled’, Not Well-Formed? The Reform of ‘Criminality Information Sharing’ in the UK
...EWCA Civ 175; X v Chief Constableof South Yorkshire [2012] EWHC 2954 (Admin); In the Matter ofAn Application by JR59 for Judicial Review [2012] NIQB 66; R (J)v Commissioner of Police of the Metropolis [2012] EWHC 1681(Admin); The Queen on the Application of V v Commissioner ofPolice for the......
-
Old Convictions Never Die, They Just Fade Away: The Permanency of Convictions and Cautions for Criminal Offences in the UK
...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......