Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook
Published on 12. August 2019
Book
Paperback/Softback
496 pages
978-1-5265-0699-3 (ISBN)
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.
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.
Reviews / Votes
This is the book I had hoped someone would write...an essential reference work to assist those advising clients who wish to limit the unnecessary disclosure of damaging information about their past. * Tony Edwards, Law Society Gazette * I have received my copy of the book and within minutes I knew it was money very well spent.I like the way the book is structured, the way difficult issues are explained and the practical assistance it gives.
I enjoy reading the book as it adds considerably to my knowledge on the subject to such an extent that I feel so much more informed and able to help clients.
It will be a well-thumbed tome. * Dennis Clarke, Clarke Kiernan LLP *
More details
Series
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Weight
728 gr
ISBN-13
978-1-5265-0699-3 (9781526506993)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edward Jones is a partner at Hodge Jones & Allen LLP, specialising in criminal defence and extradition law. He regularly appears as an advocate in criminal cases in the Magistrates' Court and the Crown Court, and advises and represents clients at all stages of the criminal process from the police station up to the Court of Appeal (Criminal Division).
Jessica Jones is a barrister at Matrix Chambers, where she practises in public law, human rights and criminal law. Many of her cases across these fields are for individuals affected by the criminal justice system - as suspects, prisoners, defendants and victims. She regularly appears in the criminal courts, High Court, Supreme Court and Privy Council acting for individuals who are subject to or challenging state action and interference with their rights.
Jessica Jones is a barrister at Matrix Chambers, where she practises in public law, human rights and criminal law. Many of her cases across these fields are for individuals affected by the criminal justice system - as suspects, prisoners, defendants and victims. She regularly appears in the criminal courts, High Court, Supreme Court and Privy Council acting for individuals who are subject to or challenging state action and interference with their rights.
Content
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
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