Making the case for ECRIS: Post “Brexit” sharing of criminal records information between the European Union and United Kingdom

Jackson, Adam and Davies, Gemma (2017) Making the case for ECRIS: Post “Brexit” sharing of criminal records information between the European Union and United Kingdom. The International Journal of Evidence & Proof, 21 (4). pp. 330-350. ISSN 1365-7127

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Criminal record information has various uses including, in the detection of crime, as evidence in criminal proceedings, in consideration of an appropriate sentence after conviction and in determining the suitability of an individual for, or providing a bar to, employment. As such this information can have a high value but can also significantly interfere with a person’s right to private and family life under Article 8 of the European Convention on Human Rights. The importance of Article 8 in this area has been increasingly recognised in both domestically and in Strasbourg with such case law making clear the imperative that criminal record information is accurate, retained and disclosed only in proper circumstances and, where appropriate, is capable of being subject to proper challenge. The operation of the European Criminal Records Information System (ECRIS) for exchange of criminal records between member states is explored and the benefits and risks of exchanging criminal records information within such an automated system are identified. The compliance of ECRIS to Article 8 ECHR is considered and suggestions made for future improvements. Evidence is provided that ECRIS constitutes a singular improvement on earlier ad-hoc arrangements and should therefore be retained by the United Kingdom post-Brexit.

Item Type: Article
Uncontrolled Keywords: Criminal records; ECRIS; criminal justice co-operation; Brexit; information sharing; Article 8 ECHR
Subjects: M100 Law by area
M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Becky Skoyles
Date Deposited: 23 Jan 2017 09:36
Last Modified: 01 Aug 2021 03:34

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