R (on the application of) T v Chief Constable of Greater Manchester and others [2013] EWCA Civ 25

Posted in: Case Law
  • Case Reference
    EWCA Civ 25
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Human Rights
Issues covered: Criminal record certificates; Disclosure; Proportionality; ECHR; Right to respect for private ; and family life; Spent Cautions

The Court of Appeal has ruled that a requirement to disclose all criminal records is incompatible with Article 8 of the European Convention on Human Rights (ECHR). The individual in this case had received two warnings at the age of 11 from the police in connection with stolen bicycles. At the age of 17, those warnings were revealed by an enhanced criminal record certificate (ECRC) when he applied for a job and again two years later when he applied for a university course.

In his application for judicial review, the claimant argued that the statutory scheme provided for by the Rehabilitation

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 01/02/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal-Island
Legal-Island

The main content of this article was provided by Legal-Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email scott@legal-island.com

View all articles by Legal-Island