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Disclosure of rape acquittal in criminal records check did not breach human rights

June 14, 2016

The Court of Appeal has upheld the High Court’s decision to reject a work-seeker’s judicial review challenge against the inclusion of a rape charge and acquittal in a criminal records check.

 

 

Disclosure did not breach his right to a fair trial under Article 6(2) of the European Convention on Human Rights and did not undermine his acquittal:  the disclosure did not suggest that the jury had been wrong to acquit or that AR was guilty. The indication of facts from which others may perceive a risk from a particular individual does not contradict the effect of an acquittal.

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