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Tag: Criminal Records

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

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.  Continue reading

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

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. Continue reading

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