Possible DPA Contravention

[tickymicky]

A work colleague was arrested a few weeks ago over an alleged crime.He was released on bail a few hours later pending further enquiries.
He was contacted last week by his solicitor who stated that one of the C.I.D. officers gave her some information about the work colleague,pertaining to an alleged offence in 1996,to which he was found not guilty.Presumably,this information was left on the court files?.If not, then why do the police still have it?
The work colleague asked if i could get any info., as he doesn't have a p.c.
Have the police contravened the Data Protection Act (1998), by disclosing material that has no relevance to this ongoing investigation?
If the police have the power and authority to disclose this information from 1996, do they have to inform my work colleague that they have used it, and what they have used?
Does there have to be an audit trail from the police to the solicitor, and if so, can my work colleague request to see it?
Has the work colleagues human rights been violated under article 8?
Any other help/advice/laws etc would be greatly appreciated.
Many thanks in advance.

[tickymicky]

Re: Possible DPA Contravention

I hasten to add,that the work colleague was arrested in 1996 for several serious alleged offences.He faced a trial but the jury failed to reach a verdict.It went to a re-trial where the colleagues barrister brought to light, a document proving that the alleged offences could have not been committed.It was impossible based on the evidence in the document.The Judge was furious that the police never disclosed it (as that would not get them brownie points for solving a crime?), and instructed the jury to return a not guilty verdict.This is where the 1996 issue comes up.Can the police use this against the work colleague to undermine him, and make it look like he is a career criminal??

[R0b]

Re: Possible DPA Contravention

There is no breach of data protection where it is likely to involve legal proceedings this is set out under s.35 of the DPA 1998. However you are not obliged to do so because the police want it, you could refuse and they would require a court order to give them the details.

It also sounds like that the police may be using that offence to introduce what is known as bad character evidence. without going into detail, where the person has committed an offence which is the same description or in the same category (either theft or sexual offences) they can introduce it as evidence to show that the person would have likely committed the offence.

The person could argue however that it has been over 10 years since that offence and so it is unfair to rely on it in proceedings but I'm sure their solicitor would argue that