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.
Jacqueline Penfold
Tina Ripley
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.
