Amy Clarke appears for Chief Constable of South Wales Police in successful defence of judicial review challenging the retention of acquittal information on the Police National Computer

5 May 2021

Amy Clarke appeared in the Administrative Court for the Chief Constable of South Wales Police in the successful defence of a judicial review challenging the retention of acquittal information on the Police National Computer.

The Claimant had been acquitted of rape, and was seeking to challenge the retention of information relating to the acquittal as well as to other information held on police systems relating to alleged extremist views. It was argued on behalf of the Claimant that the retention of such information was not compliant with the Data Protection Act 2018 or Article 8 of the ECHR, and that it was therefore unlawful. 

The court dismissed the claim, finding that the retention of all of the information in question was in accordance with the law and on the facts of the case, was justified and proportionate for the purpose of the prevention of disorder or crime and for the protection of the rights of others. The court considered the National Police Chiefs’ Council Guidance on the retention of information and the ‘100 year rule’, and this judgment reinforces the significance of the need to retain sensitive information in order to protect the public and prevent and detect crime. 

A copy of the Judgment can be found online here


Authors

Amy Clarke

Call 2010

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