Successful appeal in respect of DBS Disclosure of all criminal records where there are two convictions

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Successful appeal in respect of DBS Disclosure of all criminal records where there are two convictions

The High Court has ruled that the blanket disclosure of all convictions where a person has had two previous convictions is unfair.  The Court said:

Having reached the conclusion that the Act in its present form fails to meet ECHR requirements “as to the quality of the law”, a decision as to whether the interference with rights under Article 8 is “necessary” does not strictly arise. However, I can see no reason for thinking that the convictions in issue in the present cases before us bear, for the Claimants’ entire lifetimes, a rational relationship with the objects sought to be achieved by the disclosure provisions of the Act, simply because in the case of each Claimant there is more than one conviction. It seems to me that, with respect, the reasoning that appealed to Lord Reed on this point in the unamended scheme seems just as applicable here.

The government is expected to amend their disclosure rules in light of the judgement.

P and A, R (on the application of) v Secretary of State for Justice & Ors

[2016] EWHC 89 (Admin) (22 January 2016)

DBS Solicitors

If you have been prevented from working due to delays or mistakes made by the Disclosure and Barring Service (DBS) then please get in touch. We will be able to apply for compensation on your behalf, for a fixed fee, ensuring you secure the most money possible. You may have lost significant income due to mistakes by the DBS, if so you are entitled to compensation.

We are also expert DBS appeals and criminal records expungement solicitors.

If you have been issued with a police caution then we are able to help. You may be finding that a caution is having a more serious impact on your life than you were led to believe it would have.

You may have only admitted an offence to avoid going to Court or you were told it was just a slap on the wrists. If you have received a police caution and would like to discuss getting it removed (expunged) from the police national computer (PNC) then please get in touch.

We can also assist if you are on the barred list or need to appeal a DBS certificate.

By |January 22nd, 2016|

About the Author:

I am a qualified solicitor and I have extensive experience of applying for the removal of police cautions from the PNC, challenging DBS certificates and DBS barring decisions. I have had numerous successful cases, and for cases where judicial review proceedings have been issued, I am usually able to recoup my clients’ costs from the police. I have co-authored a journal paper on the reform of the police cautioning procedure in the Criminal Law Review (the leading criminal law journal : “Suggestions for Reform to the Simple Cautioning procedure”). I also write the UK Westlaw Insight on Police Cautions and published an article in the Criminal Law and Justice Weekly on anonymity in criminal proceedings and its impact on the police caution: Adult Defendant Anonymity in Criminal Proceedings