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 of Offenders Act 1974, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the

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This article is correct at 01/02/2013

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