Skip to Content

Disclosure Rules changed for criminal records.

The supreme court has ruled that any minor convictions and police cautions do not need to be disclosed in a criminal records check, and any obligation to disclose would breach the individual's Human Rights.

The Supreme Court ruling upholds a court of appeal decision in which an applicant for a job was made to disclose a caution received at the age of 11, over an alleged theft of two bikes.

These records had been checked when applying for work at a Sports Club and before attending University.

The ruling brings into question how long an offence or caution remains on a person's record as it potentially affects that individual's employment prospects.

When applicants are applying for jobs which involve the vulnerable or children, all convictions and cautions are disclosed, which is seen as penalising those with minor spent convictions and cautions. The new filtering system will ensure only relevant information is provided on a criminal records check.

The government had contested an earlier ruling and the case was taken to the Supreme Court, which ruled against the government.

The new filtering system will remove cautions given to adults after six years and children after two.

In the past Criminal records could literally ruin people's lives because of the disclosure of irrelevant information. A potential employer's reaction to an applicant with a record can often be disproportionate to the information supplied; the new system will help to remedy this.


Update - Criminal Records disclosure.

The court of appeal has ruled that the present criminal records disclosure scheme has insufficient safeguards to be legal.

The Government has already recognised the need for filtering rules on criminal records checks, meaning that if you are guilty of a certain type of crime and it was your only conviction, after a period, it will no longer appear on any criminal records check.
But that does leave those offences that will never be removed, and those persons guilty of more than one offence do not have any sort of filter.

It is accepted that the age at which a crime was committed is a very important factor and that special consideration should be given to crimes committed as a child.

As the court of appeal has ruled that the existing system is unlawful it will be up to the government what to do next, the most likely outcome is the Supreme Court.

Image Description
related news
recent articles
Double Jeopardy Law

What is Double Jeopardy? and is it still Law in the UK?..

link

Social Media hampering police investigations.

Its time social media worked better with the police...

What is a Section 60 notice?

Over 2000 section 60 notices have been issued in London last year, what are they and do they work?..

How to apply to become a British Citizen

British Citizen application| Process.
If you are looking to apply to become a British Citizen, we recommend that you contact a firm of solicitors that have exp..

What is a Section 60 notice?

Over 2000 section 60 notices have been issued in London last year..

link

The sex offender register

The sex offender register - Guide..

Cautions, warnings and penalty notices.

Police cautions and warnings are the same and can be issued to anyone over the age of ten for minor offences, whilst this does not count as a conviction it can..

Neighbour Disputes | Nuisance Neighbours

Unfortunately, not everyone is respectful in life, most of the time we just move on and keep our opinion to ourselves, but when that comes to where we live you..

Stop and Search Laws to be changed?

Police Chiefs are calling for a change in the 'stop and search' l..

link

Anti-Social Behaviour

Anti-Social Behaviour.
Anti-social behaviour is defined as activities that are unacceptable and reduce the quality of life for others, this could be by harassm..

Clare`s Law - Domestic Violence.

The domestic violence disclosure scheme named after domestic violence victim Clare Wood has been brought in throughout England and Wales. If you feel you could..

Guide to a Prenuptial agreements.

A prenuptial agreement (prenup) is an agreement set up by a couple prior to marriage, the prenup will detail how finances work whilst married and in the event t..

Image Description
Is there anything wrong with this page? - any amendments will receive accreditation - email us

Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.

Information by area of law
Back to top