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

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.

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