Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook

Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook cover

Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook

Description

The effect of a criminal record or arrest can be long-lasting and damaging.

Setting out the steps that can help clients to navigate the effect of their criminal record, improve their job prospects, and protect against harmful disclosure of their private life.

Criminal Records, Privacy and the Criminal Justice System: A Handbook is a primer on the law and available applications to be taken for clients relating to privacy, criminal records, historic convictions, and reputation management in the criminal justice sector.

The authors guide you through the steps that can be taken to delete police records, challenge the content of criminal record certificates, expunge criminal cautions, and bring claims protecting the privacy and data protection rights of clients.

As the only handbook of its kind, addressing public and private law claims under one title, this brand new book gives an holistic overview of the ways in which lawyers can help clients cope with the impact of the criminal justice system on their lives and reputations. As such, it is an essential guide for criminal and public law solicitors and barristers, law centres, CABs and PR firms.

Table of Contents

Introduction
1 Sources of Law Governing the Management of Police Records
2 The Four National Databases
3 The Right of Access to Personal Data under the Data Protection Act 2018
4 Deleting Personal Information Held by the Police
5 The Disclosure & Barring Service and Disclosure of Criminal Records
6 Clare's Law and Sarah's Law: the Domestic Violence and Child Sex Offender Disclosure Schemes
7 Applications under the Protection of Freedoms Act 2012 to Disregard Certain Historic Convictions for Consensual Homosexual Activity
8 Applications to Expunge Police Cautions
9 Judicial Review
10 Anonymity and Privacy in Criminal Proceedings
11 Reporting Restrictions
12 The Publication of Information about Offending and Convictions – General Principles of the Law of Privacy and Data Protection
13 Privacy and Data Protection in Police Investigations, Court Proceedings and Spent Convictions
14 The Right to Erasure
Appendices
A Police Act 1997, Part V
B Data Protection Act 2018, Sch 7
C Data Protection Act 2018, Sch 8
D Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, SI 1975/1023
E Pre-Action Protocol for Judicial Review
F List of Rehabilitation Periods under the ROA 1974
G List of Offences that will Never be Filtered
H Statutory Disclosure Guidance
I National Retention Assessment Criteria Template
J Deletion of Records from National Police Systems Guidance
K ACRO Record Deletion Form
L MPS DPA Dispute Form
M Form T98 Notice of Appeal
N Form AF15(a)
O Precedent Letter for Application to Expunge Caution

Product details

Published 12 Aug 2019
Format Paperback
Edition 1st
Extent 496
ISBN 9781526506993
Imprint Bloomsbury Professional
Dimensions 234 x 156 mm
Series Criminal Practice Series
Publisher Bloomsbury Publishing

About the contributors

Author

Edward Jones

Edward Jones is a partner at Hodge Jones & All…

Author

Jessica Jones

Jessica Jones is a barrister at Matrix Chambers, w…

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