The applicant seeks judicial review challenging the legality of Article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (‘the 1978 Order’). The effect of this provision is to prevent his previous convictions from ever becoming ‘spent.’ He argues that the relevant provision is incompatible with his right to private and family life under Article 8 of the European Convention on Human Rights (‘ECHR’). By these proceedings he seeks to have the impugned legislation struck down as incompatible with his Article 8 rights along with declaratory relief. The applicant is supported in this case, to include financial support, by the Northern Ireland Human Rights Commission.
Colton J
[2021] NIQB 97
Bailii
Rehabilitation of Offenders (Northern Ireland) Order 1978 6(1), European Convention on Human Rights
Northern Ireland
Police, Human Rights, Criminal Sentencing
Updated: 06 January 2022; Ref: scu.670941
