Human rights win on minor crimes

Written By Unknown on Rabu, 18 Juni 2014 | 16.50

18 June 2014 Last updated at 10:19

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.

The Supreme Court decision upholds a ruling by the Court of Appeal.

The case involved a man who was refused a job because of two police cautions he received aged 11.

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.

After making the ruling, the judges said it would be a matter for Parliament to decide what amendments to make to the current system.

The Home Office has introduced a system to filter out single minor convictions or cautions.

But the government pursued an appeal against the court's ruling, saying the "protection of children and vulnerable groups must not be compromised".

Stolen bikes

The case was heard before the Supreme Court - the highest court in the UK and the final court of appeal in cases of public importance - on 9 December.

It involved an unnamed man, known as "T", who said he had been forced to reveal that he had received warnings from Greater Manchester Police in connection with two stolen bikes when he was 11.

The man had been CRB checked when he applied for a part-time job at a local football club aged 17 and later for a university course in sports studies.

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.


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