Section 115 of the Crime & Disorder Act

“Any person who [apart from this section] would not have power to disclose information to a relevant authority or to a person acting on behalf of such an authority, shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.”

Public bodies can only disclose information if they have the power to do so. Section 115 provides a power to exchange information where disclosure is necessary to support the local Crime and Disorder Strategy or objectives outlined within it, which must be primarily aimed at reducing crime and disorder in accordance with the Act’s provisions.

The police have an important and general power at common law to disclose information for policing purposes, which includes the prevention, detection and reduction of crime.

However, some other public bodies, which collect information may not previously have had power to disclose it to the police and others. This section puts beyond doubt the power of any organisation to disclose information to Chief Officers of Police, police authorities, local authorities, probation committees, health authorities, or to persons acting on their behalf. These bodies also have the power to use this information.

It should also be noted that Section 115 provides a power to share information - it does not contain an overriding requirement to disclose. Nor, does this power override other legal obligations such as the common law duty of confidence, the requirements of the Human Rights Act, compliance with the 1998 Data Protection Act or other relevant legislation governing disclosures.

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