In R (on the application of T) v Chief Constable of Greater Manchester and ors the Court of Appeal has held that the statutory criminal record checking scheme (now the responsibility of the Disclosure and Barring Service) is incompatible with Article 8 of the European Convention on Human Rights (ECHR). The Court held that while the scheme pursues legitimate aims of protecting employers and vulnerable persons, and enabling employers to make an assessment as to whether an individual is suitable for a particular kind of work, requiring the disclosure of all recorded convictions and cautions is disproportionate.
Jan 30, 2013
CRB checking scheme is incompatible with Article 8 ECHR
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