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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Regina v Mehmedov – WLR Daily

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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Alison Hewitt family awarded £130,000 for stalker failings – BBC News

‘A family who endured a “living nightmare” at the hands of a stalker are to receive £130,000 because of Home Office failings.

Full story

BBC News, 8th July 2014

Source: www.bbc.co.uk

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Harassed family gets payout after Home Office failings – BBC News

‘A family who endured a “living nightmare” at the hands of a violent criminal is to receive a £130,000 payout over Home Office failings.’

Full story

BBC News, 8th July 2014

Source: www.bbc.co.uk

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UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

Full story

OUT-LAW.com, 25th June 2014

Source: www.out-law.com

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Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

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Fall in number of offenders barred from working with children – The Guardian

Posted June 24th, 2014 in cautions, criminal records, freedom of information, news, statistics, vetting by sally

‘The number of people who have committed child sex offences and have been barred from working with children has fallen by nearly 10,000 over the past three years, according to freedom of information disclosures.’

Full story

The Guardian, 24th June 2014

Source: www.guardian.co.uk

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Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon

‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’

Full story

Panopticon, 19th June 2014

Source: www.panopticonblog.com

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Old and minor convictions and cautions need not be disclosed – Supreme Court – UK Human Rights Blog

‘The Supreme Court has unanimously declared that government rules regarding the disclosure of spent convictions are unlawful and incompatible with Article 8 of the Convention.’

Full story

UK Human Rights Blog, 18th June 2014

Source: www.ukhumanrightsblog.com

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R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Criminal records: Supreme Court to rule whether job applicants have to come clean over convictions – The Independent

‘The Supreme Court is today due to rule whether job applicants should be forced to disclose all convictions to certain potential employers.’

Full story

The Independent, 18th June 2014

Source: www.independent.co.uk

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Lack of legal aid derails contact proceedings – The Guardian

‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’

Full story

UK Human Rights Blog, 10th June 2014

Source: www.ukhumanrightsblog.com

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Top family judge adjourns father’s contact case amid legal aid impasse – The Guardian

‘The most senior family judge in England and Wales has asked the justice secretary, Chris Grayling, to explain how a case involving a father’s contact with his son can proceed without legal aid.’

Full story

The Guardian, 9th June 2014

Source: www.guardian.co.uk

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Art teacher who headbutted pupil was able to keep working despite getting criminal record for attack – The Independent

‘A teacher who violently assaulted a child in the classroom was able to continue working despite being given a criminal record for the attack, The Independent can reveal.’

Full story

The Independent, 8th June 2014

Source: www.independent.co.uk

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Data Protection and Child Protection – Panopticon

‘One of the difficulties users and practitioners have with the Data Protection Act 1998 is that there is so little case law on any of the provisions, it can be very hard to know how a court will react to the complicated structure and often unusual factual scenarios which can throw up potential claims. There are two reasons why there is so little case law. First, most damages claims under the DPA go to the County Court, where unless you were in the case it is hard to know that it happened or get hold of a judgment. Secondly, most damages claims are for small sums, which is it is more cost-effective to settle than fight.’

Full story

Panopticon, 6th June 2014

Source: www.panopticonblog.com

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Job-hunting with a criminal past – BBC News

Posted March 31st, 2014 in criminal records, employment, news, recidivists, statistics by sally

‘A change in the law means thousands of ex-offenders looking for work will have their records wiped far sooner. But what is job-hunting like for those with a criminal past?’

Full story

BBC News, 28th March 2014

Source: www.bbc.co.uk

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Reforms to help reduce reoffending come into force – Ministry of Justice

Posted March 11th, 2014 in criminal records, disclosure, employment, press releases, rehabilitation by tracey

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions come into effect today, Justice Minister Simon Hughes.’

Full press release

Ministry of Justice, 10th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Reoffending reforms – no refinement of relevance – Halsbury’s Law Exchange

Posted March 11th, 2014 in criminal records, disclosure, disqualification, employment, news, rehabilitation by tracey

‘The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.’

Full story

Halsbury’s Law Exchange, 10th March 2014

Source: www.halsburyslawexchange.co.uk

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Clare’s law letting women know if partner has abusive past rolled out – The Guardian

Posted March 10th, 2014 in criminal records, disclosure, domestic violence, news by sally

‘Women will be able to find out if their partners have an abusive past as the domestic violence disclosure scheme – known as Clare’s law – is rolled out across every police force across England and Wales.’

Full story

The Guardian, 8th March 2014

Source: www.guardian.co.uk

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