The High Court has upheld a challenge by way of judicial review to the present criminal record checks scheme, finding that the relevant statutory provisions are incompatible with the European Convention of Human Rights. Ryan Stringer sets out the implications of the decision for employers.
The Supreme Court has held that the requirement in criminal record checks to disclose all convictions and cautions, including those given for minor offences and crimes committed as a child, breaches the European Convention on Human Rights.
Updated to reflect that youth cautions and multiple convictions will no longer be automatically disclosed in criminal records certificates with effect from 28 November 2020.
The Court of Appeal has held that the system for the disclosure of individuals' criminal records to employers breaches the European Convention on Human Rights.