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Criminal records: Blanket requirement for disclosure of all convictions and cautions incompatible with European Convention on Human Rights

This report relates to 1 case(s)

In R (on the application of T) v Chief Constable of Greater Manchester and others [2013] EWCA Civ 25 CA, the Court of Appeal held that aspects of the regime of criminal records certificates and enhanced criminal records certificates under the Police Act 1997 and the Rehabilitation of Offenders Act (Exceptions) Order 1975, requiring the disclosure of all police cautions to prospective employers, are incompatible with art.8 of the European Convention on Human Rights.

Key points

  • The provisions of the Police Act 1997 that require disclosure of all convictions and cautions on criminal records certificates and enhanced criminal records certificates are capable of interfering with the right to private life under art.8(1) of the European Convention on Human Rights.