Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Pall Mall Court
61-67 King Street
Manchester M2 4PD

Send us a message
Our Offices

Hot topic: Disclosure of spent convictions

26th June, 2014

There has been substantial media attention recently following the Supreme Court decision in R (on the application of T) v Secretary of State in which it was held that disclosure of spent convictions in the process of applying for work is not a necessary interference with an individual’s right to private life.

The Rehabilitation of Offenders Act 1974 was introduced to promote ex-offenders getting back into ‘honest work’, as long as they do not re-offend. There are specified time limits after which a conviction will be considered ‘spent’, and therefore need not be disclosed to potential employers.

However, certain occupations are subject to an Exceptions Order under the legislation whereby an ex-offender is required to disclose their conviction regardless of whether it is spent or unspent. Such occupations include those which involve work with children.

In the current case, T was given a warning aged 11 for stealing two bicycles and JB was given a caution for shoplifting some false nails as a child. When they applied for jobs at a football club and as a care worker respectively, enhanced criminal records checks were used and their convictions were disclosed, despite the fact that neither had any other criminal record.

The Supreme Court held that this violated the individuals’ right to private life and therefore the criminal records system should be scaled back to “common sense levels”.

The judgment has been welcomed by human rights activists and The Equality and Human Rights Commission have commented that the Supreme Court had “sensibly recognised” that people should not be haunted forever by minor childhood offences.

It is important to be aware of your responsibilities in relation to disclosure of previous convictions whether you are applying or recruiting for the job in question. For further information and advice in relation to disclosure of convictions, please contact Paul Bennett on 01743 453685 or send an email to [email protected].

You might also be interested in...

Legal expert’s data protection workshops pull in the crowds

22nd May, 2018

With the General Data Protection Regulation (GDPR) coming into force in May, businesses across Shropshire have been flocking to hear more about the new laws Paul Bennett, a partner at law firm Aaron & Partners LLP, has been delivering seminars in partnership with the Shropshire Chamber of Commerce An employment solicitor from Shrewsbury is urging businesses across the... Read More »

Experienced HR leader joins Aaron & Partners LLP

15th May, 2018

Experienced HR leader joins Aaron & Partners LLP Law firm with offices in Chester and Shrewsbury appoints Kate Robertson to drive HR strategy for more than 120 staff and to support the company’s growth Chester law firm Aaron & Partners LLP has strengthened its senior leadership team with the appointment of an experienced human resources manager. Kate Robertson... Read More »

When you should NOT pay the bailiff…

24th April, 2018

Jan Chillery, Insolvency Partner at Aaron & Partners LLP, shares her experience and the reasons why we should be cautious before paying so-called “bailiffs” over the phone or online without vetting them first. My neighbour has told me that recently he had a CCJ (County Court Judgment) against him. A day or so later, he received a phone call... Read More »

Contact Us