RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

[2018] EWHC 2809 (Admin) [2018] EWHC 2809 (Admin)

A district judge considering an extradition request had erred in the ECHR art.8 balancing exercise when considering the seriousness of the requested person’s offence. He had been convicted of facilitating unauthorised entry and residence, not human trafficking, and had been offered a non-custodial alternative sentence, showing that the requesting state did not consider the offence to be that serious. Coupled with the nine-year delay between arrest and trial, extradition would disproportionately interfere with his art.8 rights.

A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.

A conspiracy to defraud, which had only affected private investors in the UK and Canada, but which involved US shares and companies, was an appropriate case for trial in the US rather than in the UK, especially in circumstances where several of the co-conspirators were already on trial in the US after what had proved to be a lengthy and complicated investigation.

A Polish national’s extradition to serve a suspended one-year sentence for an offence of attempted theft of a car radio committed in 2010 would not amount to a disproportionate interference with his rights under ECHR art.8. Any hardship suffered by his partner would not be severe, and although the original offence was not very serious and had taken place many years ago, the Polish authorities had taken it seriously enough to impose a serious criminal sentence and request his return to serve it.

[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.