Case Law: R (T) v Secretary of State for the Home Department, The right for (criminal records) to be forgotten – Dominic Crossley and Clarissa Ferguson

3 08 2014

criminal-background-checkArticle 8 of the European Convention on Human Rights has once more proved a thorn in the side of the Government.  The recent Supreme Court case of R (T ) v Secretary of State for the Home Department ([2014] UKSC 35provides important guidance on the scope of private information, the criminal record checking system and what will be considered in accordance with the law.  Read the rest of this entry »





Case Law, R (T) v Secretary of State for the Home Department, Criminal record check regime incompatible with Article 8 – Anita Davies

29 06 2014

cbr_2433751bOn 18 June 2014 the Supreme Court handed down judgment in R (T) v Secretary of State for the Home Department [2014] UKSC 35. The case concerns the mechanism governing criminal records checks (‘CRCs’) and enhanced criminal record checks (‘ECRCs’), and what an applicant is required to disclose to a potential employer. As such, the case has important ramifications for both employers and job applicants. It is also the latest development in a long running saga concerning criminal record checks and an individual’s ability, and indeed right, to put the past behind them. Read the rest of this entry »