Criminal record checks relaxed
Posted: 5th April 2013
The Home Office has announced proposals to relax the rules regarding the disclosure of past convictions and cautions when criminal record checks are carried out on job applicants by the Disclosure and Barring Service (formerly the Criminal Records Bureau).
The announcement follows a judgment by the Court of Appeal in January this year that the blanket disclosure of all past offences, regardless of their antiquity or triviality, was a disproportionate interference with the job applicant’s right to privacy and thus an infringement of their human rights.
Under the proposals, all serious offences and multiple offences will continue to be disclosed but information on old convictions that resulted in a non-custodial sentence will cease to be included in criminal record checks after 11 years for adults and five and a half years for young offenders. Cautions will cease to be included after six years for adults and two years for young offenders.
The new system will be implemented shortly, following Parliamentary scrutiny.