In R (Cousins-Chang) v (1) Secretary of State for the Home Department and (2) The Commissioner of Police of the Metropolis [2013] EWHC 982 (Admin) the Court ruled Code C of PACE to be unlawful insofar as it allows 17 year-olds in police detention to be treated as adults.
ZH: Police acted unlawfully when restraining an autistic boy
In ZH v Commissioner of Police for the Metropolis [2013] EWCA Civ 69 the Court of Appeal found that the police had acted unlawfully, violated an autistic boy’s human rights and discriminated against him by not having proper regard to his condition.
J v The Chief Constable of Devon & Cornwall: Enhanced Criminal Records Certificates – Getting them right
The High Court has given a significant ruling in J, R (on the application of) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin) concerning what information should or, as in this case, should not be disclosed by the police on an Enhanced Criminal Records Certificate (ECRC).
High Court declares Child Sex Offender Disclosure Scheme to be in breach of Article 8
In X (South Yorkshire) v Secretary of State for the Home Department & Anor [2012] EWHC 2954 (Admin), the Administrative Court has declared that, in certain limited respects, the Child Sex Offender Disclosure (CSOD) Scheme affords insufficient protection to a convicted child sex offender’s right to privacy under ECHR Article 8. There were two aspects of the CSOD Guidance that caused the Court concern.