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| Version 3 | Version 4 |
|---|---|
| Drop minor convictions from criminal record checks, court rules | Drop minor convictions from criminal record checks, court rules |
| (35 minutes later) | |
| Certain past minor cautions and convictions should remain part of a protected private life and not have to be disclosed in criminal record checks, the Supreme Court has ruled. | Certain past minor cautions and convictions should remain part of a protected private life and not have to be disclosed in criminal record checks, the Supreme Court has ruled. |
| Judges said any requirement to do so would be incompatible with human rights legislation in England and Wales. | Judges said any requirement to do so would be incompatible with human rights legislation in England and Wales. |
| The Supreme Court decision upholds a ruling by the Court of Appeal. | The Supreme Court decision upholds a ruling by the Court of Appeal. |
| The case involved a man applying for a job who was forced to reveal two police cautions he had received aged 11. | |
| The man, known as "T", said he had been forced to disclose warnings he received from Greater Manchester Police in connection with two stolen bikes. | |
| His records were checked when he applied for a part-time job at a football club aged 17 and later for a university course in sports studies. | His records were checked when he applied for a part-time job at a football club aged 17 and later for a university course in sports studies. |
| His case was supported by the human rights group Liberty. | His case was supported by the human rights group Liberty. |
| A woman, identified as "JB", also challenged the checks after she was refused a job in a care home eight years after she received a caution for shoplifting. | A woman, identified as "JB", also challenged the checks after she was refused a job in a care home eight years after she received a caution for shoplifting. |
| Making their ruling, the Supreme Court judges said the disclosures T and JB had been required to make "were not necessary in a democratic society" and "were not based on any rational assessment of risk". | Making their ruling, the Supreme Court judges said the disclosures T and JB had been required to make "were not necessary in a democratic society" and "were not based on any rational assessment of risk". |
| Filtering system | Filtering system |
| Around four million people apply for a criminal records check every year. | Around four million people apply for a criminal records check every year. |
| Last year, three Court of Appeal judges said the blanket checks could breach the right to a private or family life. | Last year, three Court of Appeal judges said the blanket checks could breach the right to a private or family life. |
| After that ruling, the judges said it would be a matter for Parliament to decide what amendments to make to records check rules. | After that ruling, the judges said it would be a matter for Parliament to decide what amendments to make to records check rules. |
| The Home Office has since introduced a system to filter out single minor convictions or cautions. | The Home Office has since introduced a system to filter out single minor convictions or cautions. |
| But the government pursued an appeal against the Court of Appeal ruling, saying the "protection of children and vulnerable groups must not be compromised". | But the government pursued an appeal against the Court of Appeal ruling, saying the "protection of children and vulnerable groups must not be compromised". |
| Working with children | |
| The Supreme Court - the highest court in the UK and the final court of appeal in cases of public importance - heard the case on 9 December but has only just announced its decision to rule against the government. | |
| The BBC's legal affairs correspondent, Clive Coleman, said the net effect of Wednesday's ruling was that the law would remain as it was. | The BBC's legal affairs correspondent, Clive Coleman, said the net effect of Wednesday's ruling was that the law would remain as it was. |
| However, he said the decision could be relevant for anyone applying for a job, especially if it involved working with children or vulnerable people. | |
| Under the new filtering system, cautions given to adults are removed from criminal records checks after six years. | |
| Cautions to children are filtered out after two years. |