Archive for the 'criminal records' Category

‘Sarah’s Law’ scheme covers all England and Wales – BBC News

“A scheme allowing parents to check if someone in contact with their child is a sex offender now extends to all 43 police forces in England and Wales.”

Full story

BBC News, 4th April 2011

Source: www.bbc.co.uk

Greater protection for children – Home Office

“Sex offender disclosure scheme will operate in all forces in England and Wales by April.”

Full press release

Home Office, 28th March 2011

Source: www.homeoffice.gov.uk

How Protection of Freedoms Bill will work – BBC News

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Shooting councillor Stephen Govier prompts law review – BBC News

“The government is considering a change in the law after the BBC revealed a south London councillor had a gun crime conviction but could not be sacked.”

Full story

BBC News, 22nd February 2011

Source: www.bbc.co.uk

Statement on sex offenders’ register – Home Office

“The sex offenders’ register has existed since 1997. Since that time it has helped the police to protect the public from these most horrific of crimes. Requiring serious sexual offenders to sign the register for life – as they do now – has broad support from across this House. However, the Supreme Court ruled last April that not granting sex offenders the opportunity to seek a review is a breach of their human rights – in particular, the right to a private or family life.  These are rights, of course, that these offenders have taken away from their victims in the cruellest and most degrading manner possible. The government is disappointed and appalled by this ruling – it places the rights of sex offenders above the right of the public to be protected from the risk of re-offending – but there is no possibility of further appeal.”

Full statement

Home Office, 16th February 2011

Source: www.homeoffice.gov.uk

Offenders on sex register for life to get appeal right – BBC News

“Thousands of sex offenders in England and Wales are set to be given the right to appeal against having their names on the sex offenders register for life.”

Full story

BBC News, 16th February 2011

Source: www.bbc.co.uk

Criminal checks on people working with children scaled back – Home Office

“More than nine million people working or volunteering with children and vulnerable adults will no longer need to register and be monitored by the state.”

Full press release

Home Office, 11th February 2011

Source: www.homeoffice.gov.uk

Freedom Bill signals common sense approach to public protection – Home Office

“Millions of people will be protected from unwarranted state intrusion in their private lives, the Home Secretary has outlined in today’s Protection of Freedoms Bill.”

Full press release

Home Office, 11th February 2011

www.homeoffice.gov.uk

Criminal checks on people working with children to be eased – The Guardian

“More than half of the 9 million people who have needed criminal record checks to work with children and vulnerable adults are to be freed from the burden under new legislation.”

Full story

The Guardian, 11th February 2011

Source: www.guardian.co.uk

ID cards go up in flames in first step to tackle ‘database state’ – The Independent

“Identity cards will be consigned to history today as the database recording the biometric details of thousands of people goes up in flames. Hard disk drives from the national identity register, which underpinned the ID card scheme, will be shredded and incinerated in a symbolic demonstration of efforts to rein back the ‘database state’ and restore civil liberties.”

Full story

The Independent, 10th February 2011

Source: www.independent.co.uk

Camden Council driver cleared by CRB check abused child – BBC News

“A man cleared in a background check had child abuse convictions and went on to abuse a child, it has emerged.”

Full story

BBC News, 1st February 2011

Source: www.bbc.co.uk

At last, the stigma of 50 years is removed – The Independent

“Gay men convicted for something no longer an offence win right for criminal records to be expunged.”

Full story

The Independent, 30th January 2011

Source: www.independent.co.uk

Thousands could sue Government over unlawful ‘child protection’ sackings – Daily Telegraph

“Nurses who were banned from working under a controversial vetting scheme are to launch a major test case against the Government in the European Court.”

Full story

Daily Telegraph, 30th January 2011

Source: www.telegraph.co.uk

Innocent DNA retention to be challenged – Daily Telegraph

“Police chiefs could be forced to clear the DNA database of innocent people ahead of any change in the law under a legal challenge that begins today.”

Full story

Daily Telegraph, 31st January 2011

Source: www.telegraph.co.uk

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Teacher pursues seven-year battle to return to classroom after being acquitted of sexual assault – Daily Telegraph

“Teacher pursues seven-year battle to return to classroom after being acquitted of sexual assault.”

Full story

Daily Telegraph, 14th January 2011

Source: www.telegraph.co.uk

Regina v C – WLR Daily

Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347

“Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the ingredients of the case which he proposed to advance for the purpose of discharging the evidential burden of proving that he did not commit the earlier offences.”

WLR Daily, 23rd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Family anger at IPCC and police after failings that led to mother’s murder – The Guardian

“Relatives of Maria Stubbings plan action after Essex force failed to inform mother that her new partner was a convicted killer.”

Full story

The Guardian, 7th December 2010

Source: www.guardian.co.uk

MAPPA: open and transparent for greater public protection – Ministry of Justice

“For the first time, numbers relating to the MAPPA status and management levels of all MAPPA offenders living in England and Wales can now be viewed online.”

Full story

Ministry of Justice, 27th October 2010

Source: www.justice.gov.uk

Scrutiny of vetting and barring scheme gets underway – Home Office

“The system of checks that people working with children and vulnerable adults are required to undergo will be considered afresh in a radical examination of the Vetting and Barring Scheme (VBS). The Government today outlined the terms of a thorough review of the VBS which will re-examine whether the scheme is the most appropriate mechanism to protect children and vulnerable people and, if so, how many roles should be covered by it.”

Full press release

Home Office, 22nd October 2010

Source: www.homeoffice.gov.uk

Anti-paedophile vetting scheme to be ripped up – Daily Telegraph

“An anti-paedophile vetting scheme that would have forced nine million people to undergo checks is to be ripped up under a review to be announced today, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

Shoplifter wins case over ‘disproportionate detention’ – The Independent

“A shoplifter with ‘a bad criminal record for offences of theft’ has won the right to damages against the Home Secretary under human rights laws.”

Full story

The Independent, 1st October 2010

Source: www.independent.co.uk

Sara Payne welcomes ‘Sarah’s Law’ move into Sussex – BBC News

“The mother of Sarah Payne has welcomed the introduction of ‘Sarah’s Law’ in Sussex, the county where her daughter was murdered by a paedophile in 2000.”

Full story

BBC News, 28th September 2010

Source: www.bbc.co.uk

Sarah’s law roll-out begins after test run ‘saves 60 from abuse’ – The Guardian

“Home secretary Theresa May hailed an ‘important step forward for child protection’ yesterday as Sarah’s law, which allows parents to check if someone has a history of child sex offences, was rolled out to police forces across England and Wales.”

Full story

The Guardian, 1st August 2010

Source: www.guardian.co.uk

Vetting scheme ‘would not protect children as paedophiles operate online’ – Daily Telegraph

“Children would not be protected by Labour’s controversial anti-paedophile database, according to experts, because sexual predators are more likely to find victims online rather than in their workplaces.”

Full story

Daily Telegraph, 29th June 2010

Source: www.telegraph.co.uk

Vetting and Barring Scheme registration halted – Home Office

“Registration with the Vetting and Barring Scheme (VBS) will be halted to allow the government to remodel the scheme back to proportionate, common sense levels, it was announced today.”

Full press release

Home Office, 15th June 2010

Source: www.homeoffice.gov.uk

Homosexual men with convictions for consensual gay sex to have record of crime wiped – Daily Telegraph

“Men with convictions for homosexual sex with someone over the age of 16 will have any record of the crime expunged, Theresa May has said.”

Full story

Daily Telegraph, 16th June 2010

Source: www.telegraph.co.uk

Anti-paedophile database halted weeks before launch for ‘commonsense’ reasons – Daily Telegraph

“Plans for a database of adults who want to work with children have been halted following a wave of criticism.”

Full story

Daily Telegraph, 14th June 2010

Source: www.telegraph.co.uk

Allison v HM Advocate – Times Law Reports

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Sex offenders ‘granted taxi licences’ – The Independent

“Criminals with convictions for offences including indecent assault and drug dealing are knowingly being granted taxi driver licences, an investigation claimed today.”

Full story

The Independent, 11th January 2010

Source: www.independent.co.uk

Names of innocent people will stay on police database – The Guardian

“The names of nearly a million people who have not been convicted or cautioned for any crime will continue to be stored on the police national computer, even though the government is changing the law so that their DNA profiles are deleted.”

Full story

The Observer, 20th December 2009

Source: http://observer.guardian.co.uk/

Climbdown over plan to vet contact with children – The Independent

“Controversial new rules requiring adults who have frequent access to other people’s children to be enrolled on an official register are to be dramatically scaled down, just two months after they were introduced.”

Full story

The Independent, 13th December 2009

Source: www.independent.co.uk

Time limit on ‘naming and shaming’ criminals – The Independent

“Police forces which ‘name and shame’ criminals must remove the details from their websites after a month, according to new rules released today.”

Full story

The Independent, 3rd December 2009

Source: www.independent.co.uk

The Big Question: Why is Britain’s DNA database the biggest in the world, and is it effective? – The Independent

“Why are we asking this now?

The Home Office has announced a sweeping overhaul of the world’s largest DNA database, which now contains the genetic profiles of more than five million Britons. Civil liberties anger has focussed on the inclusion of samples taken from everyone arrested by police, regardless of whether they have ever been found guilty of an offence.”

Full story

The Independent, 12th November 2009

Source: www.independent.co.uk

Terror suspects’ DNA could be held for life – The Independent

“Terror suspects who are released without charge could face having their DNA profiles stored for life, it was revealed today.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

15,000 people criminalised by Criminal Records Bureau over past six years – Daily Telegraph

“Up to 15,000 people have been wrongly branded criminals or accused of more serious offences by the Government agency which vets the backgrounds of people who want to work with children, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 11th November 2009

Source: www.telegraph.co.uk

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court rules on vetting safeguards – BBC News

“New vetting checks designed to protect children and vulnerable people carry a “real risk” of undermining public confidence, the Supreme Court has said.”

Full story

BBC News, 29th October 2009

Source: www.bbc.co.uk

Paedophile checks even for those not working with children – Daily Telegraph

“Employers will come under pressure to register staff with the Government’s anti-paedophile database even if they have little contact with children, the head of the scheme has said.”

Full story

Daily Telegraph, 26th October 2009

Source: www.telegraph.co.uk

Magistrates’ courts error warning – BBC News

“Criminals, including drug dealers and paedophiles, could be evading justice because of errors in magistrates’ courts records, a report has warned.”

Full story

BBC News, 23rd October 2009

Source: www.bbc.co.uk

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) – WLR Daily

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) [2009] EWCA Civ 1079; [2009] WLR (D) 302

“In relation to the national police computer it was for the data controller to determine the purposes for which data was processed. It was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service. Consequently there could be no question of the retention of records of old minor convictions being held to be either excessive or being held for longer than necessary.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Police win data deletion appeal – BBC News

“Five police forces which challenged a ruling that they should delete records on criminal convictions from their database have won their appeal.”

Full story

BBC News, 19th October 2009

Source: www.bbc.co.uk

Flawed vetting system that allowed an abuser to slip through the net – The Independent

“Few parents will have forgotten the day they handed over their child to a nursery worker or other carer for the first time. For many, the experience would have been tinged with a sense of guilt – but all will recall the overwhelming need to trust the person into whose hands you deliver the most precious thing in your life. The horrors that unfolded at Little Ted’s Day Nursery in Plymouth will increase the anxieties of couples who, with the aid of the Government, have turned to professional childcare in ever greater numbers over the past decade. According to the National Day Nurseries Association, 15,500 nurseries in Britain cater for 700,000 pupils. Pre-school children spend an average of 21 hours a week in nurseries, a study by the Department for Children, Schools and Families found recently.”

Full story

The Independent, 2nd October 2009

Source: www.independent.co.uk

Doubts over DNA profile timing – BBC News

“Fresh doubts have emerged over proposals to limit how long the DNA profiles of innocent people can be held on the national database.”

Full story

BBC News, 25th September 2009

Source: www.bbc.co.uk

Vetting scheme for adults under review – The Guardian

“The government is to look again at the detailed operation of its controversial scheme to vet the 11 million adults who are in regular contact with other people’s children in the face of a public outcry that it could jeopardise ‘perfectly safe and normal activities’.”

Full story

The Guardian, 14th September 2009

Source: www.guardian.co.uk

Senior public figures join clamour against child protection database – Daily Telegraph

“Leading figures from education, politics and charity voice their concerns over the new ‘paedophile checks’.”

Full story

Daily Telegraph, 13th September 2009

Source: www.telegraph.co.uk

Independent Safeguarding Authority could bar ‘lonely’ people from working with children – Daily Telegraph

“The Government’s new anti-paedophile database will take into account lifestyles, relationships and beliefs when assessing the backgrounds of more than 11million people, rather than just whether they have a criminal record. The Independent Safeguarding Authority can consider unproven allegations made in newspaper reports or tip-offs from members of the public, as well as trawling internet chatrooms and websites such as Facebook for evidence to use against applicants.”

Full story

Daily Telegraph, 8th September 2009

Source: www.telegraph.co.uk

Row over £3m IT link leaves thousands of crimes off police computer – The Times

“Thousands of crimes are never put on to the police national computer because of a £3 million row over who should pay towards uploading them on to the IT system.”

Full story

The Times, 1st September 2009

Source: www.timesonline.co.uk

Damian Green wins fight to destroy personal data held by Met police – The Guardian

“Fingerprints, DNA and records of Tory MP arrested over Home Office leaks deleted as ‘exceptional case’.”

Full story

The Guardian, 20th August 2009

Source: www.guardian.co.uk

School protection register is flawed – The Independent

“The man whose inquiry led to new vetting procedures for adults working with children today calls on the Government to rethink parts of its controversial anti-paedophile register.”

Full story

The Independent, 6th August 2009

Source: www.independent.co.uk

Criminal Records Bureau errors lead to hundreds being branded criminals – Daily Telegraph

“More than 1,500 people have been wrongly branded as criminals or mistakenly given a clean record by the government agency set up to vet those working with children, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 2nd August 2009

Source: www.telegraph.co.uk

Teenage volunteers face prosecution unless they register with anti-paedophile database – Daily Telegraph

“Guidance for the controversial Independent Safeguarding Authority states that youths who want to help vulnerable groups will have to be vetted ‘in time for their 16th birthday to avoid committing an offence’.”

Full story

Daily Telegraph, 31st July 2009

Source: www.telegraph.co.uk

R (F and another) v Secretary of State for Justice – WLR Daily

R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25

“The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender’s rights under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a matter of principle, an offender was entitled to have the question whether the notification requirements continued to serve a legitimate purposes determined on a review; and the case for granting a declaration of incompatibility pursuant to s 4 of the Human Rights Act 1998 was even stronger in the case of young offenders than in the case of adult offenders. However, restriction on travel included in notification requirements did not infringe art 4 of Directive 2004/38.”

WLR Daily, 24th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Amending the law on the DNA database needs proper scrutiny – The Times

“Last December the European Court of Human Rights decided in S and Marper v The United Kingdom that the retention by the State of DNA profiles is a breach of Article 8 of the European Convention on Human Rights. That is because information about people arrested for, or charged with, an offence but not subsequently convicted, is kept on the national DNA database for an unlimited period of time. The Government has accepted the judgment of the European court and announced that it will change the law to ensure compliance. But its proposed method of doing so is unsatisfactory and needs reconsideration.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Police fight data deletion ruling – BBC News

“Data about the criminal convictions of one million people could be deleted from police computers, the Court of Appeal has been told.”

Full story

BBC News, 22nd June 2009

Source: www.bbc.co.uk


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