Enhanced Criminal Records Checks

Disclosure of criminal records not required in some cases

2018

R (QSA and others) v Secretary of State for the Home Dept and Secretary of State for Justice [2018] EWHC 407 (Admin)

The High Court of England and Wales has found that the law forcing three former prostitutes to reveal their past convictions violates the right to a private and family life under Article 8 of the European Convention on Human Rights (ECHR).

Supreme Court affirms the need for filtering of old and minor convictions

2014

R (on the application of T and another) v Secretary of State for the Home Department and another (2014) UKSC 35

On 18^th June the Supreme Court upheld an earlier ruling by the Court of Appeal that certain past minor cautions and convictions should not be disclosed in criminal records checks.

Disclosure in Enhanced Criminal Records Checks not a breach of ECHR Article 8

2012

R (T) v (1) Chief Constable of Greater Manchester Police, (2) Secretary of State for the Home Department (Secretary of State for Justice an interested party) [2012] EWHC 147 (Admin)

A twenty year old applying for university challenged the requirement to disclose all prior convictions, cautions and warnings in Enhanced Criminal Records Checks. The individual had received a warning for the theft of two bicycles when he was 11 but had had a clear record since then. It was argued that the inflexible nature of the requirement to make such disclosures is in breach of Article 8 of the European Convention.