A Chief Constable was under a duty to disclose information to a prospective employer in an enhanced criminal record certificate if the information might be relevant, unless there was good reason for not making the disclosure.(s.115 Police Act 1997)
In overruling the Administrative Court, the Court of Appeal found that it was unduly burdensome to expect C to permit X an opportunity to make representations prior to carrying out its statutory duty of disclosure. This was the case particularly since X had already provided an account to the police, could explain his position to the employers, or could apply to have his certificate corrected under s.117 of the 1997 Act. It also distinguished the case from Chief Constable of North Wales 1998 and found that the judge had misinterpreted the judgment in that case, where the disclosure had not been made under the statutory framework provided by the Police Act 1997.
Whilst recognising how damaging the disclosure might be to X’s employment prospects, C was entitled to be of the opinion that the information might be relevant, so that it had to be disclosed to X’s potential employers.