‘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.’
OUT-LAW.com, 25th June 2014
Source: www.out-law.com
‘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
‘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.’
The Guardian, 24th June 2014
Source: www.guardian.co.uk
‘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).’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
‘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.’
UK Human Rights Blog, 18th June 2014
Source: www.ukhumanrightsblog.com
Supreme Court, 18th June 2014
‘The Supreme Court is today due to rule whether job applicants should be forced to disclose all convictions to certain potential employers.’
The Independent, 18th June 2014
Source: www.independent.co.uk
‘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.’
UK Human Rights Blog, 10th June 2014
Source: www.ukhumanrightsblog.com
‘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.’
The Guardian, 9th June 2014
Source: www.guardian.co.uk
‘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.’
The Independent, 8th June 2014
Source: www.independent.co.uk
‘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.’
Panopticon, 6th June 2014
Source: www.panopticonblog.com
‘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?’
BBC News, 28th March 2014
Source: www.bbc.co.uk
‘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.’
Ministry of Justice, 10th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.’
Halsbury’s Law Exchange, 10th March 2014
Source: www.halsburyslawexchange.co.uk
‘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.’
The Guardian, 8th March 2014
Source: www.guardian.co.uk
‘Plans to decriminalise the non-payment of the TV licence fee are being considered by government departments in a move designed to ease pressure on the courts, but which could have major repercussions for the BBC.’
The Guardian, 8th March 2014
Source: www.guardian.co.uk
Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63
‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions will come into effect next month, Justice Minister Simon Hughes said today.’
Ministry of Justice, 13th February 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘From March 2014, a scheme allowing police to disclose to individuals details of their partners’ abusive pasts will be extended to police forces across England and Wales, following a successful 14-month pilot in four police force areas. It is intended that this Domestic Violence Disclosure Scheme, or “Clare’s Law”, will provide, “people with the information they need to escape an abusive situation before it ends in tragedy”, according to Home Secretary Theresa May.’
Halsbury’s Law Exchange, 3rd December 2013
Source: www.halsburyslawexchange.co.uk
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