Monday, 27 May 2013

The Government Is Seeking Leave To Appeal This Decision

11th May 2013

The retention and disclosure of criminal records

"There has been some debate over two particular issues relating to criminal records checks: the disclosure of non-conviction information and the disclosure of old and minor convictions.
The Government has recently legislated (via the Protection of Freedoms Act 2012) to introduce a number of new safeguards relating to the disclosure of non-conviction information, such as a new independent disputes process.

The Court of Appeal ruled in January 2013 that the mandatory and blanket disclosure of convictions as part of a criminal records check was incompatible with Article 8 of the European Convention on Human Rights (right to respect for private life). The Government is seeking leave to appeal this decision. The Government has also proposed legislation to introduce a new filtering mechanism to restrict the disclosure of old and minor convictions. This legislation requires the approval of Parliament before it can come into force."

The retention and disclosure of criminal records


PUBLISHED: 00:20, 29 May 2013 | UPDATED: 00:27, 29 May 2013 

Shoplifters and burglars get the right to work in schools and care homes

">Thousands of criminals will have their records wiped clean

>The changes to the criminal records regime follows a human rights ruling

>Under existing rules anyone wanting to work with children or vulnerable adults must disclose any previous convictions or cautions

>Judgment said disclosing minor offences was a breach of individual's right to a private and family life"

Burglars win right to keep convictions secret

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