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Blanket disclosure of all convictions and cautions breaches Article 8 rights

The Supreme Court has upheld the Court of Appeal's finding that the requirement to disclose all convictions and cautions irrespective of their relevance for the purposes of criminal records checks is incompatible with an individual's right to respect for private life under Article 8 of the European Convention on Human Rights. 

The decision is of limited significance as the government has already introduced legislation that purports to rectify this incompatibility. (R (on the application of T and others) v Secretary of State for the Home Department and another [2014] UKSC 35.)

For more information, please contact Steve Thomas at Maitland Walker.