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

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