HUMAN RIGHTS

[2018] UKSC 47 [2018] UKSC 47

The inclusion in an enhanced criminal record certificate of details of an individual’s acquittal on a charge of rape was a proportionate interference with that individual’s rights under ECHR art.8. In so deciding, the Supreme Court clarified when an appellate court could make a fresh determination as to proportionality, noted the lack of guidance to potential employers on how to treat ECRCs containing details of acquittals, and indicated that careful thought should be given to the value of disclosing allegations that had been tested in court and resulted in acquittal.

Although the UK was not a safe haven for criminals, it was disproportionate to extradite a requested person pursuant to a conviction European arrest warrant where he had changed his behaviour and where there was a relatively short time remaining on his sentence for drug related offences.

[2018] EWHC 1837 (Ch) [2018] EWHC 1837 (Ch)

As a starting point, as a matter of general principle, a suspect had a reasonable expectation of privacy in relation to a police investigation, which was not removed merely because the information had reached the hands of the media. The BBC was liable to Sir Cliff Richard for infringing his privacy rights by broadcasting the fact that he was the subject of a police investigation and that his property was being searched in connection with the investigation. The BBC was ordered to pay general damages, including aggravated damages, of £210,000.

[2018] EWCA Crim 1553 [2018] EWCA Crim 1553

Material relevant to demonstrating the mindset of those convicted of encouraging support for a proscribed organisation was admissible at trial in order to allow the jury to consider the appellants’ actual views and their willingness to express violent Jihadi views to others. Since none of the material was the subject of any allegation against an appellant, its relevance had been properly explained in jury directions and the defence’s case had been properly set out, there was no possibility of improper or prejudicial use being made of the evidence.

[2018] EWCA Civ 1534 [2018] EWCA Civ 1534

The Criminal Injuries Compensation Scheme was not unlawfully discriminatory in denying compensation to victims of human trafficking who had unspent criminal convictions which had resulted in a custodial sentence or community order. The exclusion pursued a legitimate aim and was justified.