UK Criminal record checking – Court of Appeal ruling: an update

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Notification issued by the Disclosure & Barring Service (DBS) – 27 February 2013

Last month, we told you the Home Office was seeking leave to appeal a Court of Appeal judgment on the disclosure of old and minor convictions. The Court found the law which requires people to disclose all previous convictions and cautions to employers is a breach of human rights. It found the current system disproportionate in dealing with historic and minor spent convictions and cautions.

The Home Secretary and Secretary of State for Justice have recently lodged an application to appeal against this judgment.

Pending the Supreme Court’s decision on permission, the Court of Appeal’s judgment has been temporarily suspended.

While this suspension is in force, it is business as usual for us. We will continue to issue Standard and Enhanced certificates and these show all convictions and cautions as normal. 


The HireRight Blog is provided for informational purposes only and should not be construed as legal advice. Any statutes or laws cited in this article should be read in their entirety. If you or your customers have questions concerning compliance and obligations under United States or International laws or regulations, we suggest that you address these directly with your legal department or outside counsel.

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