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| Criminal Record Checks
March 29 2016

DBS checks ruled 'unlawful'

Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court. The court ruled the criminal record checks scheme used in England and Wales was "arbitrary" and unlawful.
 
People across the UK are forced to have their criminal record divulged when applying for certain jobs. The Home Office said it would consider whether to appeal against the decision. Lawyers for the pair had told the High Court that people were being unfairly disadvantaged throughout their lives by convictions for minor criminal offences committed years beforehand.
 
Lord Justice McCombe said it was not justifiable or necessary for any individual to have minor offences disclosed indefinitely, from many years ago merely because there is more than one minor offence. He asked the government to make submissions to address faults in the system, in advance of the court making its final order. In the meantime, the scheme will continue to operate as at present.