Anne Studd QC and Robert Talalay successfully appeared in the Court of Appeal for the Chief Constable in R (G) v (1) Secretary of State for the Home Department; (2) Secretary of State for Justice; (3)
Anne Studd QC and Robert Talalay successfully appeared in the Court of Appeal for the Chief Constable of Surrey on an appeal on the lawfulness of a reprimand administered to a 13 year old for sexual assault. After a full hearing, the Court refused G permission to appeal against the finding that it had been lawful to issue and retain his reprimand despite his age and despite his mother being provided with incorrect information as to the time the reprimand would be retained on the PNC.
This appeal was one of four consolidated appeals before the Court challenging the legality and proportionality of the scheme of retention and disclosure of cautions and convictions under the Police Act 1997 and the Rehabilitation of Offenders Act 1974. The court held that the legislative scheme was not in accordance with the law as the gateways for whether a conviction or caution would be disclosed to an employer were not sufficiently calibrated to meet the legality requirement in Article 8 ECHR. The Court also held that the application of the legislation in the cases of P, G, and W resulted in disproportionate outcomes.
For a copy of the judgment click here