Necessary Intrustion or Criminalising the Innocent? An exploration of Modern Criminal Vetting

Baldwin, Chris (2012) Necessary Intrustion or Criminalising the Innocent? An exploration of Modern Criminal Vetting. The Journal of Criminal Law, 76 (2). pp. 140-163. ISSN 0022-0183

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Abstract

This article considers the processes of criminal vetting and outlines the legislative framework allowing such disclosures and subsequent judicial interpretation of that framework. The focus is on disclosure of non-conviction (so-called ‘soft’) materials on ‘enhanced’ certificates and
subsequent challenges to those disclosures at judicial review. Key cases are analysed, including R (on the application of X) v Chief Constable of West Midlands Police (2004) and R (on the application of L) (FC) (Appellant) v
Commissioner of Police of the Metropolis (Respondent) (2009). The proportionality test in R (L) is noted and its subsequent application in the recent decisions of R (on the application of C) v Chief Constable of Greater Manchester;
Secretary of State for the Home Department (2011) and R (on the application of B) v Chief Constable of Derbyshire Constabulary (2011) is scrutinised. The article also highlights interference in Article 8 of the European Convention on Human Rights (right to privacy) and questions whether interference can be justified, and whether the present judicial focus on right of representations in such cases is misplaced.

Item Type: Article
Subjects: Law > Criminal Law
Divisions: Faculty of Business and Law > Department of Law
Units of Assessment > 20 Law (UoA)
International Centre for Research in Innovation, Sustainability and Entrepreneurship
Depositing User: Chris Baldwin
Date Deposited: 31 Jan 2013 09:36
Last Modified: 08 Mar 2017 09:40
URI: http://sure.sunderland.ac.uk/id/eprint/3413

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