Mental health background checks: new guidance issued by Home Office – The Guardian

‘New guidelines to be issued by the Home Office will make clear the factors that must be considered before mental health crises are disclosed in background checks made on people applying to work with vulnerable groups.’

Full story

The Guardian, 9th August 2015

Source: www.guardian.co.uk

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Street skaters may find their latest moves land them in court – but they are fighting back – The Independent

‘Campaigners claim Public Space Protection Orders are ‘criminalising young people just for being young’.’
Full story

The Independent, 1st August 2015

Source: www.independent.co.uk

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Hundreds of UK sex abuse victims lose compensation for committing crimes – The Guardian

‘Hundreds of sexual abuse victims have had their compensation payments reduced after committing crime themselves, according to figures.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Sarah’s Law is ‘not working’, NSPCC warn – Daily Telegraph

Posted July 30th, 2015 in criminal records, disclosure, news, police by sally

‘Just one in six applications to the police under Sarah’s Law is successful according to figures obtained by the NSPCC under the Freedom of Information Act.’

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Daily Telegraph, 30th July 2015

Source: www.telegraph.co.uk

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Foreigners must disclose criminal records to come to UK – but European Union is exempt – Daily Telegraph

Posted July 21st, 2015 in criminal records, disclosure, immigration, news, visas by tracey

‘Immigrants from outside Europe will be required to provide details of their criminal records or be refused entry to Britain, under new measures to be introduced by the Government. From September everyone applying to come to Britain under certain visa routes will have to provide proof of criminal record checks from every country they have lived in for the last 10 years.’

Full story

Daily Telegraph, 20th July 2015

Source: www.telegraph.co.uk

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Criminal record checks: guidance for employers – Home Office

‘How employers or organisations can request DBS checks for potential employees.’

Full guidance

Home Office, 14th July 2015

Source: www.gov.uk/home-office

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Alice Gross’s family want inquiry into what UK authorities knew of her killer – The Guardian

Posted July 6th, 2015 in criminal records, immigration, inquests, inquiries, murder, news by sally

‘The family of murdered schoolgirl Alice Gross will ask for an inquiry into whether British authorities ever knew her killer was a convicted murderer before he attacked her.
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The Guardian, 6th July 2015

Source: www.guardian.co.uk

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Gaughran v Chief Constable of the Police Service of Northern Ireland (Secretary of State for the Home Department intervening – WLR Daily

Posted May 15th, 2015 in criminal records, DNA, human rights, law reports, Northern Ireland, police by tracey

Gaughran v Chief Constable of the Police Service of Northern Ireland (Secretary of State for the Home Department intervening: [2015] UKSC 29; [2015] WLR (D) 214

‘The policy in Northern Ireland, England and Wales of retaining indefinitely the DNA samples and other information obtained from persons who were arrested and subsequently convicted of an offence was proportionate and justified, and was within the margin of appreciation afforded to member states. A convicted person’s the right to respect for his private life guaranteed by article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms was therefore not infringed when the police refused to give him an assurance that his DNA samples would be destroyed.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

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Struck off and now disbarred: lawyer who defrauded the Law Society – Legal Futures

‘A former solicitor and non-practising barrister who was convicted of a string of offences – including assaulting two police officers and defrauding the Law Society of £23,000 while a member of its council – has been disbarred two months after she was struck off the roll of solicitors.’

Full story

Legal Futures, 27th March 2015

Source: www.legalfutures.co.uk

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Lawyers, Social Workers and the Proportionality Test – Family Law Week

‘David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.’

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Family Law Week, 9th March 2015

Source: www.familylawweek.co.uk

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MPs ‘dismayed’ that police continue to compile database of faces – The Guardian

‘A committee of MPs has condemned police for continuing to upload custody photographs, including of people never charged, to a face recognition database, despite a high court judgement that ruled the practice was unlawful.’

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The Guardian, 7th March 2015

Source: www.guardian.co.uk

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Disclosure and Barring Service checks: an individual’s rights – Halsbury’s Law Exchange

Posted March 3rd, 2015 in criminal records, data protection, disclosure, employment, news, vetting by sally

‘Another of my articles has considered s56 of the Data Protection Act, which makes it an offence for an employer to compel a current or prospective employee to make a data subject access request. These subject access requests can reveal an individual’s spent criminal convictions as well as other sensitive personal information, and are therefore highly invasive and potentially highly prejudicial to an individual’s employment prospects.’

Full story

Halsbury’s Law Exchange, 3rd March 2015

Source: www.halsburyslawexchange.co.uk

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Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

Full story

Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk

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‘Clare’s Law’ saves 1,300 women from violent partners in first year – The Independent

Posted January 26th, 2015 in criminal records, disclosure, domestic violence, murder, news, statistics, women by sally

‘A groundbreaking scheme that allows women to discover if their partner has a history of violence has been hailed a success after figures showed that more than 1,300 such warnings have been issued in less than a year.’

Full story

The Independent, 26th January 2015

Source: www.independent.co.uk

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Drug dealers outside schools let off with ‘slap on the wrist’ – Daily Telegraph

‘Dealers who sell drugs outside schools are being let off with a “slap on the wrist” by police instead of facing prosecution, the magistrates’ leader has warned.’

Full story

Daily Telegraph, 6th January 2015

Source: www.telegraph.co.uk

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Foreign criminals’ data taken off police records – The Guardian

‘Biometrics commissioner warns privacy laws meant to protect innocent could also guard those committing offences abroad.’

Full story

The Guardian, 16th December 2014

Source: www.guardian.co.uk

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Barrister convicted of CS gas offences disbarred after second disciplinary hearing – Legal Futures

Posted December 4th, 2014 in barristers, criminal records, disciplinary procedures, disqualification, news by sally

‘A barrister who successfully appealed the decision of a previous disciplinary tribunal was yesterday ordered by a new tribunal panel to be disbarred.’

Full story

Legal Futures, 3rd December 2014

Source: www.legalfutures.co.uk

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Cellino and Leeds United in Troubled Waters – Sports Law Bulletin from Blackstone Chambers

Posted December 4th, 2014 in company directors, criminal records, disqualification, news, sport, tax evasion by sally

‘The Football League finally got their man. But is it too late? Will Massimo Cellino and Leeds United yet sail off into the clear blue sea?’

Full story

Sports Law Bulletin from Blackstone Chambers, 3rd December 2014

Source: www.sportslawbulletin.org

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Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468

‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

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High Court overturns tribunal’s decision on barrister accused of concealing convictions – Legal Futures

‘The High Court has quashed the decision of a Bar disciplinary tribunal, which resulted in a barrister being disbarred and fined £3,000 following accusations that he failed to disclose criminal convictions.’

Full story

Legal Futures, 5th August 2014

Source: www.legalfutures.co.uk

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