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Disclosure of criminal convictions disproportionate in two respects

Makbool Javaid

In R (on the application of P) v Secretary of State for the Home Department, the Supreme Court ruled that the statutory schemes for the disclosure of convictions to employers were disproportionate in two circumstances where people were applying for employment involving contact with children or vulnerable adults. The first is the multiple convictions rule, which does not achieve its purpose of indicating tendency to crime as it applies irrespective of the nature, similarity, number or time intervals of offences. The second concerns warnings and reprimands for younger offenders, the purpose of which is instructive and specifically designed to avoid damaging effects later in life through disclosure. In such circumstances the schemes are incompatible with Article 8 of the European Convention on Human Rights, the right to private life and incompatible in Ga’s case for 6 motoring offences, in P’s case for two minor thefts and G’s case for two police reprimands when he was 13 relating to consensual sexual activity with two other boys which police viewed as sexual curiosity. 

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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