Exploring the legal framework for ‘criminality information sharing’ in England and Wales: working Paper

Working paper


Grace, Jamie 2012. Exploring the legal framework for ‘criminality information sharing’ in England and Wales: working Paper.
AuthorsGrace, Jamie
TypeWorking paper
Abstract

One serious issue addressed is that while the legal framework with regard to criminality information sharing for public protection purposes may be complex, it is currently lacking one vital ingredient with regard to the sharing of ‘soft intelligence’ data: there is no statutory guidance as to what an appropriate degree of consultation might be in particular circumstances of sharing criminality information that is not simply convictions or cautions data etc. This is perhaps where statutory codification or better, perhaps, statutory specificity, along the lines of the ‘gateways’ for the admissibility of ‘bad character’ evidence in the Criminal Justice Act 2003, would be or real and meaningful assistance to Chief Constables and other responsible for the sharing of ‘criminality information’ across the public sector. More profoundly, we must ask a more moral question of the current statutory framework, since it is so inflexible, with regard to the disclosure of convictions and cautions, however foggy and distant these offences may (or may not) be.

One serious issue addressed is that while the legal framework with regard to criminality information sharing for public protection purposes may be complex, it is currently lacking one vital ingredient with regard to the sharing of ‘soft intelligence’ data: there is no statutory guidance as to what an appropriate degree of consultation might be in particular circumstances of sharing criminality information that is not simply convictions or cautions data etc.

This is perhaps where statutory codification or better, perhaps, statutory specificity, along the lines of the ‘gateways’ for the admissibility of ‘bad character’ evidence in the Criminal Justice Act 2003, would be or real and meaningful assistance to Chief Constables and other responsible for the sharing of ‘criminality information’ across the public sector.

More profoundly, we must ask a more moral question of the current statutory framework, since it is so inflexible, with regard to the disclosure of convictions and cautions, however foggy and distant these offences may (or may not) be.

Year2012
Web address (URL)http://hdl.handle.net/10545/210809
hdl:10545/210809
File
File Access Level
Open
File
File Access Level
Open
Publication dates15 Feb 2012, 14:28
Publication process dates
Deposited15 Feb 2012, 14:28
ContributorsUniversity of Derby
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https://repository.derby.ac.uk/item/94w26/exploring-the-legal-framework-for-criminality-information-sharing-in-england-and-wales-working-paper

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