Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook

Description

DELETE Foreword Preface Table of Statutes Table of Statutory Instruments Table of European Legislation Table of Cases Table of Policy and Guidance Documents Introduction 1 Sources of Law Governing the Management of Police Records Introduction Article 8 of the ECHR The Police and Criminal Evidence Act 1984 Data Protection Act 2018, Part 3 The Criminal Procedure and Investigations Act 1996 Code of Practice The Home Office Counting Rules for Recorded Crime and the National Crime Recording Standard The Code of Practice on the Management of Police Information 2005 Authorised Professional Practice – Information Management: Management of Police Information 2 The Four National Databases Introduction The Police National Computer The National DNA Database IDENT1 – The Fingerprint Database The Police National Database 3 The Right of Access to Personal Data under the Data Protection Act 2018 Introduction Making a Subject Access Request for personal data held on police systems Challenging the adequacy of a response to a Subject Access Request Application to the First-Tier Tribunal (General Regulatory Chamber) for an order to progress a complaint under the DPA 2018, s 166 Applications to a court for a compliance order under s 167 4 Deleting Personal Information Held by the Police Introduction Home Office Counting Rules, Section C: ‘removing crime records’ The deletion of custody images The deletion of biometric information The National Police Chiefs’ Council record deletion process Deleting locally-held records Complaint to the Information Commissioner’s Office pursuant to the Data Protection Act 2018, s 165(2) Applications to a court for a compliance order pursuant to DPA 2018, s 167 Judicial review versus DPA 2018, s 167 5 The Disclosure & Barring Service and Disclosure of Criminal Records Introduction Self-disclosure and the Rehabilitation of Offenders Act 1974 The Disclosure & Barring Service Criminal record checks: Basic, Standard and Enhanced Certificates Filtering Challenging the accuracy of information disclosed in standard and enhanced CRC certificates Challenging the disclosure of information about convictions and cautions in standard and enhanced certificates Challenging the disclosure of ‘non-conviction’ information on enhanced certificates Barring decisions under the Safeguarding Vulnerable Groups Act 2006 Appeals under the Safeguarding Vulnerable Groups Act 2006 How to appeal barred list decisions ACRO police certificates 6 Clare’s Law and Sarah’s Law: the Domestic Violence and Child Sex Offender Disclosure Schemes Introduction The Domestic Violence Disclosure Scheme The Child Sex Offender Disclosure Scheme 7 Applications under the Protection of Freedoms Act 2012 to Disregard Certain Historic Convictions for Consensual Homosexual Activity Introduction The application of the PFA 2012, s 92 Making an application under s 92 The procedure to be followed by the Secretary of State Effect of a conviction or caution being disregarded Appealing a refusal to disregard 8 Applications to Expunge Police Cautions Introduction Is there a basis for the caution to be expunged? Making an application to expunge Challenging a refusal to expunge 9 Judicial Review Introduction Bringing a judicial review claim The Pre-action Protocol Grounds for judicial review The claim form and acknowledgment of service The permission stage The substantive stage 10 Anonymity and Privacy in Criminal Proceedings Introduction The open justice principle Protecting the identities of victims and witnesses involved in criminal proceedings Protecting the identity of suspects and defendants Excluding the public from hearings 11 Reporting Restrictions Introduction Automatic reporting restrictions in criminal proceedings Discretionary reporting restrictions in criminal proceedings Special measures Reporting criminal convictions and investigations 12 The Publication of Information about Offending and Convictions – General Principles of the Law of Privacy and Data Protection Introduction Misuse of private information Data protection law 13 Privacy and Data Protection in Police Investigations, Court Proceedings and Spent Convictions Introduction Arrests and law enforcement investigations Criminal trials and other court proceedings Spent convictions 14 The Right to Erasure Introduction The right to erasure The procedure and process of applying for erasure The right to erasure and social media platforms Appendices A Police Act 1997, Part V B Data Protection Act 2018, Sch 7 C Data Protection Act 2018, Sch 8 D Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, SI 1975/1023 E Pre-Action Protocol for Judicial Review F List of Rehabilitation Periods under the ROA 1974 G List of Offences that will Never be Filtered H Statutory Disclosure Guidance I National Retention Assessment Criteria Template J Deletion of Records from National Police Systems Guidance K ACRO Record Deletion Form L MPS DPA Dispute Form M Form T98 Notice of Appeal N Form AF15(a) O Precedent Letter for Application to Expunge Caution Index