Information on past old and minor offences has, until now, been given to employers and potential employers in Standard and Enhanced Disclosure and Barring Service (DBS) checks. But the Supreme Court has ruled in favour of three people who said their lives had been held back by the disclosure of such offences.
Now, the government will have to actively consider reform of the system after the judges ruled that the current system infringed the human rights of those affected. Judges in the Supreme Court found that the current criminal records disclosure scheme was ‘disproportionate’ in two respects.
- That all previous convictions should be disclosed, however minor, where the person has more than one conviction.
- Also in the case of warnings and reprimands issued to young offenders.
Their decision followed the government challenge against a Court of Appeal judgement in 2017 over the legality of the scheme.
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Court found that the current criminal records disclosure scheme was “disproportionate” in two respects.