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29/01/2013
Government To Challenge Ruling On Criminal Records
The government is to seek leave to appeal a ruling that the law that requires people to disclose all previous convictions to certain employers is a breach of human rights.
It follows the case of a 21-year-old job applicant, who because of the law had to reveal warnings he had received from police, aged 11, over two stolen bicycles.
The Court of Appeal ruled that the disclosure of old convictions and cautions was designed to protect children and vulnerable adults.
However, "requiring the disclosure of all convictions and cautions relating to recordable offences is disproportionate to that legitimate aim", the Master of the Rolls, Lord Dyson said.
Adding: "We are willing to direct that our decision shall not take effect pending determination by the Supreme Court of an application by the Secretaries of State for permission to appeal."
A government spokesman said: "The protection of children and vulnerable groups must not be compromised. We are disappointed by this judgement and are seeking leave to appeal to the Supreme Court."
(H)
It follows the case of a 21-year-old job applicant, who because of the law had to reveal warnings he had received from police, aged 11, over two stolen bicycles.
The Court of Appeal ruled that the disclosure of old convictions and cautions was designed to protect children and vulnerable adults.
However, "requiring the disclosure of all convictions and cautions relating to recordable offences is disproportionate to that legitimate aim", the Master of the Rolls, Lord Dyson said.
Adding: "We are willing to direct that our decision shall not take effect pending determination by the Supreme Court of an application by the Secretaries of State for permission to appeal."
A government spokesman said: "The protection of children and vulnerable groups must not be compromised. We are disappointed by this judgement and are seeking leave to appeal to the Supreme Court."
(H)
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