Court of Appeal criminal record ruling to be challenged

Following a ruling by the Court of Appeal that individuals should not be required to disclose every criminal conviction to employers, the government is seeking leave to appeal to the Supreme Court.

The case focused on a 21-year old man who had been cautioned by Greater Manchester Police over the theft of two bicycles when aged 11.

As an individual is currently required to reveal all convictions and cautions, including those that are deemed to be spent, when applying for certain types of employment, the man had been required to disclose these warnings on two occasions – which breached his right to a private and family life, according to the Court of Appeal.

This ruling has prompted calls for the government to reform the criminal records system so that the protection of children and vulnerable people is balanced with the right to privacy.

However, the Court of Appeal’s ruling will not take effect until after the Supreme Court has considered the government’s application for permission to appeal.