Spent Convictions in UK Law
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Thomas v Commissioner of Police of the Metropolis
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As to the spent convictions issue, the starting point, in my judgment, should be the purpose of the 1974 Act and the language of section 7(3). The Act was intended to allow persons convicted of the less serious offences to become, after a suitable period of time, rehabilitated. It was intended to allow the stain of the conviction to be wiped from the record. The language of section 7(3) is entirely consistent with that purpose.
But the approach established in criminal cases is not, in my judgment, an appropriate approach in civil cases.
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R v Nye
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In our view, when this question arises, it is entirely a question for the discretion of the judge. It may well be that the past spent conviction, as was instanced in argument, happened when the defendant being tried was a juvenile, for instance for stealing apples, a conviction of many years before. The essence of this matter is that the jury must not be misled and no lie must be told to them about this matter.
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Re the Solicitors Act 1974, No 13 of 2008
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R (on the application of T) v Chief Constable of Greater Manchester
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The conclusion about T in the present case is, however, of an entirely different character. It is that, in the light of the circumstances surrounding his receipt of the warnings, the requirement in the 1975 Order that he should disclose them to the college and its entitlement to act in reliance on them violated his rights under article 8.
That is so, as the court explained in MM, because of the cumulative effect of the failure to draw any distinction on the basis of the nature of the offence, the disposal in the case, the time which has elapsed since the offence took place or the relevance of the data to the employment sought, and the absence of any mechanism for independent review of a decision to disclose data under section 113A.
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YA v London Borough of Hammersmith and Fulham
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Section 4 (1) (a) also refers to the prohibition relating to a person who has 'committed or been charged with or prosecuted for or convicted of or sentenced for any offence…'. It is necessary in section 4 (1) (b) to refer to 'any circumstances ancillary thereto' because the drafting of the section only uses the word 'conviction' and this makes it clear that the prohibition is wider than just the conviction itself.
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Rehabilitation of Offenders Act 1974
... ... , to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected t July 1974] ... 1: RehabilitatedProtected persons and spent convictions ... (F1401) Subject to F68subsection (2) F68 subsections (2) ... ...
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Management of Offenders (Scotland) Act 2019
... ... provision about periods and processes as regards disclosure of convictions by offenders; and to make provision concerning particular aspects of the ... ) the conviction is, for the purposes of this Act, to be treated as spent ... (1B) But where the disclosure period so applicable expired before ... ...
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Air Weapons and Licensing (Scotland) Act 2015
... ... (with art. 5) ... 52: Relevant offences and foreign offences: spent convictions ... In section 129 of the 2005 Act (relevant offences and ... ...
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Criminal Justice and Licensing (Scotland) Act 2010
... ... may be required to undertake in any one day,(b) reckoning the time spent undertaking unpaid work or other activity,(c) the keeping of records of ... 247(1) of the Criminal Procedure (Scotland) Act 1995 (c.46) (convictions deemed not be convictions where offender placed on probation or discharged ... ...
- Admissibility of Spent Convictions in Civil Cases: Thomas v Commissioner of Police for the Metropolis
- Criminal records, enhanced criminal records certificates and disclosure of spent convictions: impact of ECHR, Article 8
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Rehabilitation in the internet age
The Rehabilitation of Offenders Act 1974 provides people with criminal records protection from discrimination once their criminal record becomes ‘spent’. In this article, I highlight how media repo...... ... from discrimination once their criminal record becomes ‘spent’. In this ly available online and often mean spent convictions ... ...
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Criminal Convictions: A Bar to Equality of Employment
The position of ex‐offenders as a group who are as equally in need of protection as those who are discriminated against on grounds of race or sex is highlighted. The provisions of the unfair dismis...... ... candidates with spent convictions". This article examines how the provisions of the Act and the unfair dismissal legislation bear on offenders and asks to what extent ... ...
- Government Proposes Time Reduction For Disclosure Of Certain Spent Convictions
- Should Applicants For Work With Children Or Vulnerable Adults Have To Disclose Spent Convictions?
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UK Supreme Court Delivers Blow to Criminal Record Disclosure System
The UK government has lost its case defending the multiple convictions rule, which requires an individual to disclose all spent convictions if he or she has two or more such convictions. General...... The UK government has lost its case defending the multiple convictions rule, which requires an individual to disclose all spent convictions if he ... ...
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Recruiting with conviction in the UK: when do ex-offenders have to declare their past?
A legislative change that seems to have slipped into law with no great fanfare this month revisits the spent convictions regime. On 10 March the Rehabilitation of Offenders Act 1974 was amended to ...... ... have slipped into law with no great fanfare this month revisits the spent convictions regime. On 10 March the Rehabilitation of Offenders Act 1974 ... ...
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Apply to become someone's deputy (make a declaration)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... (Do not include convictions spent under the Rehabilitation of Offenders Act 1974) ... If Yes, please ... ...
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Application for Certificate to Levy Distress
Enforcement forms including forms used by judges.... ... your answer to this question, you are not required to disclose convictions that ... are spent in accordance with the Rehabilitation of Offenders Act ... ...
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Form EAC1
Enforcement forms including forms used by judges.... ... your answer to this question, you are not required to disclose convictions that ... are spent in accordance with the Rehabilitation of Offenders Act ... ...