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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78447
Experience:  Over 5 years in practice
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I want to request deletion of my arrest record via ACRO. It

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I want to request deletion of my arrest record via ACRO. It was no further action abh after a domestic allegation and the other party involved (my partner) is willing to support the deletion request. Can somebody advise the best approach?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I emailed the local police records unit with a basic deletion request and they told me to make a full application via ACRO.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: this doesn't have anything to do with family court though..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I can provide further info one to one

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 6 days ago.
Hi Jo, thanks for your help. Just wanted to check - is the text above confidential as I would rather it didn't appear on the website?
Customer: replied 6 days ago.
I'm interested in having a call about this with Jo but still not sure whether I'm under an automated system. Did you have any initial thoughts on the question, and is it your area?

Do you mean removal of this entry on DBS checking?

Customer: replied 6 days ago.
I am seeking removal of DNA and fingerprints as well as the arrest record, and yes my main concern is that it will come up under enhanced DBS checking..

Thanks for the information

If youbelieve the information on your enhanced certificate is inaccurate then you may make a written application to the DBS seeking a newcertificate (section117(1), Police Act 1997). A new certificate will be issued where the DBS is satisfiedof the inaccuracy in question (section117(2), Police Act 1997).

If it is accurate but you would rather it is not there then, Since10 September 2012, it has been possible for an individual to challenge theinclusion of relevant information by the police in an enhanced certificate, onthe basis that it is not relevant for the purposes for which the certificate isbeing sought or otherwise ought not to be included in the certificate (section 117A,Police Act 1997). This new provision was inserted into the Police Act 1997 by section 82(5) ofthe PFA 2012.

Achallenge will be considered by the independent monitor appointed under section 119B ofthe Police Act 1997. The monitor will ask the police who provided theinformation to review their decision and will then decide (having regard to anyavailable guidance) whether a new certificate should be issued.

Ifthe applicant is still unsatisfied they may apply for judicial review.

Thereare some cases that have considered this. In RK v Chief Constable ofSouth Yorkshire Police and another [2013] EWHC 1555 (Admin),the High Court considered whether it had been appropriate for the police todisclose to prospective employers details of sexual assault allegationsrelating to events nine years previously when the claimant, a teacher, hadallegedly inappropriately touched the bottoms of teenage students. He had beenacquitted at trial. The court held that the fact of an acquittal did notautomatically render disclosure of relevant material disproportionate. However,the court also held that the fact that the allegations had failed was a matterof "significance" in assessing whether disclosure was proportionate (paragraph 37).The court found on the facts of the case that the police had failed to pay anyproper regard to the significance of the acquittal and instead had adopted ablinkered view, grudgingly noting the fact of the acquittal but then proceedingto address the allegations as if they had been proved, referring to them as"offences" rather than "failed allegations". The courtquashed the disclosure decision and gave a view of what it considered the realparameters for disclosure should be in light of the facts (paragraphs 83 to 90).

Byway of contrast, in R (AR) v Chief Constable ofGreater Manchester [2018] UKSC 47 theSupreme Court upheld a decision to reject an individual's challenge underArticle 8 of the ECHR against theinclusion of information in an enhanced criminal records certificate about arape charge, of which he had been acquitted. The court held that a High Courtjudge had been entitled to find that the enhanced certificate, issued inrelation to work as a teacher, and subsequently in relation to work as aminicab driver, did not breach the individual's right to a private life. In thecircumstances, reference to the rape acquittal was reasonable, proportionateand no more than necessary to secure the objective of protecting young andvulnerable persons. The High Court had also been entitled to reject theargument that failure to consult the individual before the decision was made toinclude the disputed information in the enhanced certificate was in itself a breachof Article 8. Although the Article 8 case law has in some cases imposed arequirement to consult an individual prior to making certain information known,there had been no need for the police to consult in this case as it was not aborderline case and the subject had already made prior submissions to thepolice in relation to the inclusion of the same information in an earliercertificate. A further challenge that the disclosure contravened thepresumption of innocence under Article 6(2) of the ECHR was rejected by theCourt of Appeal (R (R) v Chief Constable ofGreater Manchester Police [2016] EWCA Civ 490)and was not pursued further.

Can I clarify anything for you?

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

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