Criminal Records Check procedures deemed unlawful

The Court of Appeal has ruled that the criminal record disclosure process breached the European Convention on Human Rights in that the disclosure of all historical convictions and cautions without exception engaged Article 8 (respect for privacy and family life).

While the Court agreed that the need to, for example, protect children and vulnerable adults is a legitimate aim, it nevertheless found that the process was disproportionate and therefore unlawful.

The Government is seeking to appeal this decision but in the meantime changes have been made to the criminal records disclosure process which will now result in the ‘filtering out’ of certain offences, so that they are not disclosed on a Criminal Records Disclosure Certificate and individuals will not be required to disclose them.

Post by Ernest Porazinski July 17 2013 Categories: News, Recruitment