A young adult who accepted a police caution as an 11-year-old child after being accused of a stealing a bicycle will continue their fight for justice at the Court of Appeal next week (November 26-28th 2012).
The young adult, who is the subject of an anonymity order, unsuccessfully attempted to have the caution removed from a criminal record certificate at the High Court in February, on the basis that continuous disclosure of it is disproportionate.
The issue arose when the adult applied for a position which required an enhanced Criminal Records Bureau check to be carried out and the warning, despite being ‘spent’, was still visible on the records.
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 will still need to be referred to on every application for employment or activity that requires an enhanced criminal records certificate.
“The warning 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 is now affecting 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.
“This case looks at whether the current systems established by the Police Act 1997 and Rehabilitation of Offenders Act 1974 requiring an individual to reveal details of past warnings is compatible with the right to privacy and family life under the Human Rights Act.”
Judgment in the case is expected to be reserved for some weeks.
ENDS
Notes to editors:
- Mike Pemberton specialises in prison 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.
- Stephensons has 30 partners and more than 350 staff across offices in Greater Manchester and Merseyside.
- For more information visit www.stephensons.co.uk
Media information: Lianne Tracey
Stephensons Solicitors LLP
Tel: 01616 966 229
Email: lct@stephensons.co.uk