A young adult who received a police caution as an 11-year-old child after being accused of a stealing two bicycles has won their fight for justice, following a Court of Appeal ruling today.
The young adult, known only as T, took their case to the Court of Appeal after an unsuccessful attempt to have the caution removed from a criminal record certificate at the High Court in February 2012.
The case considered the basis on which the continuous disclosure of the caution was disproportionate and incompatible with the right to privacy and family life. The case also considered whether the exemptions to the Rehabilitation of Offenders Act in certain types of employment were compatible with the Right to Privacy.
The issue initially arose when the adult applied for a position which required an enhanced Criminal Records Bureau check to be carried out. The warning, despite being ‘spent’ was still visible on the records.
The Judgment was originally due to be provided on 21 December 2012, but in a somewhat irregular step, was postponed because of the Governments concerns about the effect on the Criminal Records Certificate regime. A further hearing took place on 25 January 2013 and Judgment finally given on 29 January 2013.
The Court of Appeal have disagreed with the High Court Judgment and granted a declaration that the 1997 Police Act and Rehabilitation of Offenders Act 1974 Exemption Order breaches article 8 of the European Convention on Human Rights (The right to privacy and Family Life).
The declaration will now lead to an urgent need to change the law. There will however be a stay on the effect of the Judgment to allow the Secretary of State to appeal.
The young adult’s solicitor, Mike Pemberton, a partner and head of the Civil Liberties Unit at Stephensons Solicitors LLP, said: “The warning which was issued when my client was 11 years old was for an alleged minor offence and was accepted in the presence of a parent, without taking into account how this may affect future employment.
“In this case, the continued reference to the warning has affected their ability to gain employment in specific roles. This is despite them having no further contact with the Police and the Judge in the High Court case commenting that their behaviour since childhood has been exemplary.
“It defies common sense that a minor caution at the age of 11 should have to be disclosed on every application for a job of certain types in the future. Furthermore, my client undergoes the rigmarole of having to explain the matter again and again.
“I welcome the judgment of the Court which reflects that human rights do equal common sense.”
Hugh Southey QC of Tooks Chambers and Nick Armstrong of Matrix Chambers were instructed by Mike Pemberton.
ENDS
Notes to editors:
- Mike Pemberton specialises in public law, human rights and judicial review. He manages the Civil Liberties Unit and is recommended in the latest Chambers UK guide as a leader in his field.
- He is a finalist in the Legal Aid Lawyer of the Year Category of the Manchester Legal Awards 2013.
- Stephensons has 31 partners and almost 400 staff across offices in Greater Manchester, Cheshire and Merseyside.
Media information: Lianne Tracey
Stephensons Solicitors LLP
T: 01616 966 229
E: lct@stephensons.co.uk