Category: criminal records

The Sun gets regulator reprimand and apologises for misleading on European human rights – UK Human Rights Blog

Posted June 26th, 2013 in complaints, criminal records, EC law, human rights, media, news by sally

“Remember Inhuman Rights, The Sun’s garbled reporting of this Court of Appeal decision on Criminal Record Bureau checks? In February, I wrote this: No, The Sun, the Human Rights Act is not the EU. My complaint was about the headline, which screamed ‘Now EU could let fiends like him prey on your children’. This was obvious nonsense, since the judgment had nothing to do with the EU.”

Full story

UK Human Rights Blog, 26th June 2013

Source: www.ukhumanrightsblog.com

Enhanced criminal records certificates – teachers on trial – Panopticon

Posted June 13th, 2013 in criminal records, human rights, news, sexual offences, teachers, vetting by sally

“The theory that there is no smoke without fire is one which often looms large where teachers are accused of sexual offences against pupils. Even in the face of a decision by the CPS that there is insufficient evidence to proceed with a prosecution or an acquittal following a criminal trial, a teacher who has been accused of sexual offences may find it hard to escape the tainting effects of the allegations. Of course, a critically important issue for the teacher in question is whether the allegations will ultimately find their way into any enhanced criminal record certificate (ECRC). This is an issue which has been considered by the High Court in two recent cases.”

Full story

Panopticon, 13th June 2013

Source: www.panopticonblog.com

Enhanced Disclosure in Sport – Sports Law Bulletin from Blackstone Chambers

Posted June 5th, 2013 in children, criminal records, disclosure, news, sport, teachers by sally

“Sports regulatory bodies and sports clubs must generally obtain enhanced disclosure of coaches and other persons who are responsible for supervising and working with children (now called Enhanced Disclosure and Barring Service Checks). They often have to take action based on that information, and always have to assess the relevance and importance of that information. A number of cases relating to enhanced disclosure have now been decided by the Administrative Court and a body of law is developing which will help to inform sporting bodies about how to treat such information.”

Full story

Sports Law Bulletin from Blackstone Chambers, 5th June 2013

Source: www.sportslawbulletin.org

Burglars win right to keep convictions secret – Daily Telegraph

Posted May 29th, 2013 in criminal records, human rights, news, time limits, young offenders by sally

“Thousands of criminals, including burglars, will be allowed to work in hospitals, schools and care homes after senior judges ruled that criminal record checks were breaching offenders’ human rights.”

Full story

Daily Telegraph, 29th May 2013

Source: www.telegraph.co.uk

Doubling in innocent people branded criminals by Criminal Records Bureau – Daily Telegraph

Posted May 22nd, 2013 in criminal records, mistake, news, statistics by sally

“Hundreds of innocent people could have been given criminal records last year, more than double the previous year, new figures show.”

Full story

Daily Telegraph, 21st May 2013

Source: www.telegraph.co.uk

Teachers accused: 4 recent cases – Education Law Blog

Posted May 3rd, 2013 in appeals, Christianity, criminal records, disclosure, negligence, news, personal injuries, teachers by tracey

“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”

Full story

Education Law Blog, 1st May 2013

Source: www.education11kbw.com

Article 8 and enhanced criminal record certificates –

Posted May 1st, 2013 in criminal records, disclosure, human rights, news, police, teachers by sally

“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”

Full story

Panopticon, 30th April 2013

Source: www.panopticonblog.com

Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”

Full story

Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

Posted April 22nd, 2013 in criminal records, damages, disclosure, harassment, human rights, judicial review, news, privacy, teachers by sally

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

A history of violence: is Clare’s Law working? – The Guardian

Posted April 22nd, 2013 in criminal records, disclosure, domestic violence, murder, news, privacy by sally

“When Clare Wood was murdered by her ex-boyfriend, a scheme was set up to allow women to see details of their partner’s violent past. Six months on, Steve Boggan finds out if ‘Clare’s Law’ is working.”

Full story

The Guardian, 21st April 2013

Source: www.guardian.co.uk

Europol, the EU’s crime intelligence agency demands access to British police files – The Guardian

Posted April 19th, 2013 in criminal records, data protection, intelligence services, news, police by tracey

“New powers will give the European Union’s criminal intelligence agency Europol
access to all information held by the police, including evidence files on
children, victims, witnesses and other people never even suspected of a crime.”

Full story

Daily Telegraph, 18th April 2013

Source: www.guardian.co.uk

Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange

Posted April 18th, 2013 in appeals, criminal records, disclosure, news, proportionality, time limits by sally

“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”

Full story

Halsbury’s Law Exchange, 18th April 2013

Source: www.halsburyslawexchange.co.uk

Bankers’ ‘honesty test’: nearly all pass City regulator’s check – The Guardian

Posted April 15th, 2013 in banking, criminal records, financial regulation, news, ombudsmen by sally

“Just 30 out of 227,000 people have failed the City regulator’s ‘fit and proper’ test to take on some of the most risky jobs in British banks since the onset of the financial crisis.”

Full story

The Guardian, 12th April 2013

Source: www.guardian.co.uk

Criminal record checks to be relaxed – BBC News

Posted March 27th, 2013 in criminal records, employment, news by tracey

“Thousands of job applicants will no longer have to face their criminal past
being disclosed to employers, under changes announced by the Home Office.”

Full story

BBC News, 26th March 2013

Source: www.bbc.co.uk

New system of criminal records checks to restore balance in public safeguarding – Home Office

Posted March 27th, 2013 in criminal records, employment, press releases by tracey

“Changes to criminal records checks will continue to protect the public while ensuring that employers no longer have access to certain old or minor cautions and convictions.”

Full press release

Home Office, 26th March 2013

Source: www.homeoffice.gov.uk

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily

Posted March 19th, 2013 in appeals, criminal records, demonstrations, human rights, law reports, police by tracey

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening): [2013] EWCA Civ 192;   [2013] WLR (D)  108

“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Parents ‘treated like felons on remand’ by school CRB checks – Daily Telegraph

Posted February 25th, 2013 in criminal records, news, school children, volunteers by sally

“Thousands of parents are still being forced to undergo ‘suspicious and hostile’ criminal record checks to volunteer in schools despite Coalition reforms designed to introduce common sense into the child protection system, according to research.”

Full story

Daily Telegraph, 24th February 2013

Source: www.telegraph.co.uk

Crime, Rehabilitation and the Right to Private Life: where should the “Bright line” fall? – Garden Court Chambers Blog

Posted February 19th, 2013 in crime, criminal records, employment, news, privacy, rehabilitation by sally

“Shereener Browne analyses the recent decision in T, R (on the application of) v Chief Constable of Greater Manchester & Ors and its impact on employment law.”

Full story

Garden Court Chambers Blog, 18th February 2013

Source: www.gclaw.wordpress.com

UK criminal record disclosure laws deemed to infringe individuals’ privacy rights – OUT-LAW.com

Posted January 31st, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, vetting by sally

“UK laws that set out a ‘blanket’ requirement that job applicants disclose to employers all of the ‘recordable’ criminal convictions and police warnings they have been given are incompatible with individuals’ right to privacy, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 31st January 2013

Source: www.out-law.com

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

Posted January 31st, 2013 in appeals, cautions, criminal records, law reports, police, privacy by sally

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice [2013] EWCA Civ 25; [2013] WLR (D) 33

“The statutory regime requiring the blanket disclosure of all convictions and cautions relating to recordable offences against an individual was disproportionate to (i) the general aim of protecting employers and, in particular, children and vulnerable adults who were in their care, and (ii) the particular aim of enabling employers to make an assessment as to whether the individual was suitable for a particular kind of work.”

WLR Daily, 29th Janaury 2013

Source: www.iclr.co.uk