R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014]

Posted In: Case Law
  • Case Reference
    UKSC 35
  • Legal Body
    UK Supreme Court / House of Lords (UKSC/UKHL)
  • Type of Claim / Jurisdiction
    Recruitment and Selection
Issues covered: ECHR; Spent Convictions; Disclosure and Vetting

The Rehabilitation of Offenders Act 1974 (1978 Order in NI) provides that, after a period of time, the criminal convictions of a person are in many cases “spent” i.e. they are no longer deemed relevant and need not be declared to prospective employers, nor should they be disclosed under criminal records vetting procedures.

There are, or have been, some exceptions to spent convictions in caring sectors, where convictions never become spent for jobs working with, for example children and vulnerable adults. Employers may apply for Enhanced Criminal Record Certificates, where all convictions, no matter how trivial or old, are made known to employers in these caring professions. 

One of the

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This article is correct at 20/06/2014

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.

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