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

Points on your Driving License

Points on your Driving License - What happens when you receive points on your Driving Licence, How long do they stay, how many points until you are banned from..

Stop and Search Laws to be changed?

Police Chiefs are calling for a change in the 'stop and search' laws to defeat knife crime...

Wilful Neglect.

Social workers could face up to five years in jail should they prove guilty of wilful neglect towards children, if consultation decides to extend the law to inc..

What is a Section 60 notice?

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

link

Discrimination

Discrimination.
All forms of discrimination are illegal, some are moral issues about how we conduct ourselves in everyday life, for example, are we discriminat..

Handling Stolen Goods

What is meant by 'handling stolen goods'...

Social Media hampering police investigations.

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

Stop and Search Laws to be changed?

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

link

Social media in the work place

Social media in the work place - Staff using social media in the work place can become a problem, productivity and performance can be affected by the time spent..

Dogs and the Law.

Dogs and the Law.
Does your dog need a license, should it be chipped are you buying it from a reputable breeder and is it covered under the Dangerous Dogs Act?..

Children and the Law Consensual Sex

Children and the Law Consensual Sex
To consent is to agree to something, so when you are talking about the age of consent it is the age at which that law state..

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