Criminal Record Checks Changed Due to Human Rights

The Supreme Court have recently ruled that not all police cautions and convictions should be disclosed in criminal record checks; with judges stating that any request to do so would be incompatible with human rights legislation in England and Wales.

The latest ruling by the Supreme Court comes following a case in the Court of Appeal, which related to a job applicant who was forced to reveal warnings he received at the age of eleven, for the alleged theft of two bikes.

According to reports, the individual was required to disclose details relating to the warnings when applying for a part-time job at a football club, when aged 17, and also when applying for university.

Following the ruling by the Supreme Court, which has stated that disclosing details of all convictions and cautions breaches human rights; the Justice Secretary introduced amendments to the disclosure system.

Under the amendments, cautions received as an adult will be removed from checks after six years; any cautions received as a child will be removed after two years.

Whilst the latest ruling is set to change criminal record checks within England and Wales; for those individuals who feel that their human rights have been breached; our experienced solicitors in London can assist.

At Howe+Co, we have extensive experience in handling a range of human right matters, ranging from cases of ill-treatment and privacy, through to matters relating to procedural rights being infringed by public decision-making bodies or tribunals.

To find out how our human rights solicitors can assist you, contact us today.

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