Tag: Criminal records
Supreme Court landmark ruling on childhood criminal records
R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants)  UKSC 3 The Court has upheld a declaration of incompatibility under the Human Rights Act 1998 made by the Court of Appeal and the High Court. In a landmark judgment the Supreme Court […]
Professionals guide to police records
A Professionals’ Guide to Police Records by Alex Temple Just for Kids Law & Paul Hastings have produced this guide to police records. This guide is intended to help any professionals attempting to navigate the criminal records system and provide advice to individuals.
High Court rules childhood criminal records disclosure scheme unlawful (again)
The claimants, victims of child sexual exploitation (CSE) with childhood convictions relating to prostitution, successfully challenged the legality of the criminal record disclosure schemes. The High Court affirmed earlier judgments that the current criminal record disclosure schemes are arbitrary and indiscriminate and there is an inadequate assessment of present risk in a particular employment and are unlawful.
Compensation unavailable for victims of trafficking with unspent convictions
The appellants lost their appeal against the dismissal of their claim for Judicial Review of the lawfulness of the Criminal Injuries Compensation Scheme (the scheme), insofar as the scheme excludes applications for compensation from those with unspent criminal convictions which resulted in a custodial sentence or community order.
High Court rule University wrong to expel student with childhood criminal convictions
The High Court has quashed the decision of the University of Wolverhampton to expel a student from an accredited Master of Pharmacy degree course for convictions relating to offences committed he was 14 years old.
Justice Select Committee publishes report on disclosure of youth criminal records
The Justice Select Committee report highlights the urgent need for reform of the system for the disclosure of childhood criminal records. Current practice means that youth criminal records are rarely expunged and as a result those affected are unfairly prevented from accessing education, employment, housing and insurance.
High Court judgment – disclosure of criminal records for those who were children at the time of the offence
This case is a judicial review relating to the disclosure of criminal records for those who were children at the time an offence took place.
Court of Appeal finds criminal record disclosure regime unlawful
R (on the application of P and Others) v Secretary of State for the Home Department  EWCA Civ 321 In a landmark Court of Appeal ruling, the Government lost its appeal to a decision of the High Court in January last year, which ruled that the criminal records disclosure scheme was disproportionate and unlawful. […]
High Court rules criminal record disclosure regime unlawful
In two cases, the High Court has held that the scheme concerning the disclosure of convictions and cautions, is incompatible with ECHR art.8. These cases are significant as they challenge the legality of the enhanced Disclosure and Barring Service regime.