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Joint enterprise: Putting the law right

Celia Marr and Diana Czugler discuss the recent judgment reforming elements of the law on joint enterprise, the latest on disclosure of criminal records, and the revised allocation guidelines

29 March 2016

In the latest case on disclosure of criminal records, the High Court held that the current enhanced disclosure regime is incompatible with article 8 of the European Convention on Human Rights (ECHR). R (on the application of G) v Chief Constable of Surrey Police and others [2016] EWHC 295 (Admin) considered the proportionality of disclosing on an enhanced disclosure check a reprimand given to G, aged 13, under section 13 (in conjunction with section 9) of the Sexual Offences Act 2003. 

The applicant in this case did not dispute that offences under that section ought properly to be disclosed under the enhanced disclosure regime but disputed the ‘justification for and proportionality of the statutory scheme’ where he had no mechanism to argue that its disclosure was irrelevant or unnecessary.

G relied on, and Mr Justice Blake accepted, the reasoning of Lord Justice McCombe in the recent decision of R (on the application of P and A) v Secretary of...

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