Women vow to continue their battle to expunge their records of abuse
Today the Divisional Court handed down judgment in a case[1] brought by three women who were all pimped into prostitution as teenagers and have multiple convictions for soliciting and loitering. They had earlier achieved a landmark victory when they successfully challenged the disclosure and barring scheme which had required them to disclose their offending history when applying for a range of occupations. However, that victory did not prevent their criminal records from being retained on the PNC for their lifetime and a record of them could still be disclosed within the criminal justice system and for a limited range of other purposes.
In this case, they challenged the retention of their criminal records. Their challenge was opposed by the National Police Chiefs Council, responsible for maintaining the database and the policy, and the Home Office. The court rejected the arguments of the claimants that keeping these records of their abuse on the system for the rest of their lives was an unacceptable interference with their privacy rights and disproportionate.
In their judgment, Lord Justice Bean and Mr. Justice Garnham recognised that the Claimants’ convictions were, in each case, over twenty years old and that the impact of the retention of these records could be distressing and degrading, interfering with their ability to move on with their lives. However, they held that “the public interest in maintaining a comprehensive record of convictions far outweighs the personal interest of the Claimants.” The judgment sets out the circumstances in which these records can be disclosed, primarily for criminal justice purposes, but also including a limited range of other purposes including applications for positions of “utmost integrity”, including the judiciary and the police.
Sam, one of the women who provided evidence in the case stated, “Many of the punters that used me as an obviously vulnerable, drug-addicted teenager were professional men including police officers and judges. So much for ‘utmost integrity’!”
Fiona Broadfoot, one of the claimants who has campaigned on this issue for decades said, “the judgment is deeply disappointing, but I will carry on our battle for justice until the law recognises that we were victims of criminals and should never have been convicted of any offence. That recognition must mean that these convictions are expunged from the system.”
Harriet Wistrich, solicitor for the claimants stated, “This is the first time that the so-called 100 year rule has been examined by the court. Evidence heard by the court shows the extent to which those with criminal convictions, however, minor and inequitable, are marked by them for life. However, this judgment strengthens our argument that the only way to clear these records is to decriminalise the offence and/or pardon the women.”
[1] R(QSA and others) v NPCC (1) and SSHD (2) [2021] EWHC 272 (Admin)