Disclosure of Spent Convictions
In the case of R (T and Others) v Chief Constable of Greater Manchester and others [2013] The Court of Appeal ruled that the disclosure of spent convictions may interfere with the European Convention on Human Rights (ECHR).
The statutory scheme for checking criminal records reveals a blanket disclosure of all spent convictions and cautions. Although the disclosure is for legitimate aims it was held to interfere with an individual’s right to respect for private life under article 8 of the ECHR.
The court’s decision will not take effect as the government has been granted leave to appeal.
