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Sunderland Repository records the research produced by the University of Sunderland including practice-based research and theses.

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

Item Type: Article


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.

jcla.76.2.140.pdf - Published Version

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Depositing User: Chris Baldwin


Item ID: 3413
Identification Number:
ISSN: 0022-0183
Official URL:

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Date Deposited: 31 Jan 2013 09:36
Last Modified: 18 Dec 2019 15:34


Author: Chris Baldwin

University Divisions

Faculty of Business, Law and Tourism
Faculty of Business, Law and Tourism > School of Law


Law > Criminal Law

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