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January 30 2019

Legal challenge fails to expose minor offences

The disclosure of past police cautions or reprimands as children or those convicted of multiple minor offences may not be permitted after the government lost a legal challenge.

The Disclosure and Barring Service (DBS) stipulates that certain offences such as whether the conviction or caution is serious, current or not deemed to have been spent under the 1974 Rehabilitation of Offenders Act, where a custodial sentence ensued or where there were multiple convictions should be revealed, which has been challenged as being too harsh.

The judgement noted that disclosure for multiple convictions, even if they were minor, and how warnings and reprimands to juveniles were treated the same as convictions, were disproportionate.