The judge had imposed a longer sentence for a crime of violence in order to protect the public against the violent propensities of the accused. Held: Lawton LJ said: ‘What ought the proper penalty to be? We have thought it necessary not only to analyse the facts, but to apply to those facts the classical … Continue reading Regina v Sargeant: CACD 1974
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
IAT Convictions that are ‘spent’ for the purposes of the Rehabilitation of Offenders Act 1974 should not normally be the subject of reference in appeals before the Tribunal. The exception is in s 7(3) of the Act, which allows spent convictions to be proved if the interests of justice require it: it is for the … Continue reading AA (Spent Convictions) Pakistan: IAT 25 Mar 2008
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The Chief Constable renewed his application for leave to appeal against a judgment for damages for assault and malicious prosecution, saying that the judge had incorrectly not allowed mention of some of the claimant’s convictions. Held: Some of the convictions were spent and had been correctly excluded. Citations:  EWCA Civ 1144 Links: Bailii Statutes: … Continue reading Cleveland Police v Watson: CA 10 Jul 2001
FTTTx VALUE ADDED TAX – input tax – MTIC – spent convictions – whether evidence of spent convictions should be admitted – section 7(3) Rehabilitation of Offenders Act 1974 – whether justice cannot be done without admitting evidence of spent convictions – fraudulent evasion of VAT – contra-trading – whether the appellant knew or should … Continue reading 3G Mobile Phones Ltd v Revenue and Customs: FTTTx 29 Nov 2013
The appellant challenged the fact that the details of his conviction for driving with excess alcohol had not been removed from his driving licence despite it being a spent conviction under the 1974 Act. The result was that he had been unable to find work as a driver. Held: The retention of the records was … Continue reading Regina (Pearson) v Driver and Vehicle Licensing Agency and Another: QBD 6 Nov 2002
The applicant was convicted of a sexual assault, sentenced and released. His conviction became spent under the Act. He later was convicted of other offences and sentenced again, but on release the details of the spent conviction were relayed by the Governor to the local social services under guidance issued by the Home Office. Though … Continue reading Regina v Governor of Dartmoor Prison, Ex Parte N: QBD 20 Mar 2001
Authorities assessing a prisoner’s escape risk were entitled to take into account convictions which were spent under the Rehabilitation Act. Citations: Times 05-Mar-1998,  EWHC Admin 236 Links: Bailii Statutes: Rehabilitation of Offenders Act 1974 1 Prisons Updated: 27 May 2022; Ref: scu.138357
The court considered the procedure for a licensing Local Authority and the justices to admit into its consideration any spent convictions of the licence applicant when considering his fitness to hold a Hackney Carriage Licence. Citations: Times 24-Feb-1997,  EWHC Admin 62 Links: Bailii Statutes: Rehabilitation of Offenders Act 1974, Local Government (Miscellaneous Provisions) Act … Continue reading Bernard Charles Admanson v Waveney District Council: Admn 24 Jan 1997
Sir Anthony Clarke MR rejected a submission that the protection afforded by the 1974 Act renders details of spent convictions confidential, and also a submission that the proceedings should be held in private to protect the appellant against disclosure of his ‘private life’ within the meaning of Article 8 of the Convention. As to confidentiality, … Continue reading L v Law Society: CA 2010
After an assault S, aged 15, was detained, arrested and charged with assaulting L. The procurator fiscal decided not to prosecute, and the matter was reported to the police and to the reporter and on to a children’s hearing to consider if measures of supervision were necessary and also if he had committed an offence. … Continue reading S v Miller: SCS 2001
The court discussed the effect of the 1974 Act on the admission of a spent conviction which was relevant or potentially relevant (depending on the trial judge’s findings as to ‘materiality’ for insurance purposes) to a liability issue in the case: ‘The man has to be treated as if he had never been convicted at … Continue reading Reynolds v Phoenix: CA 1978
Spent convictions could admitted in a civil trial at a Judge’s discretion if they needed for an issue of credit. Citations: Times 12-Dec-1996 Statutes: Rehabilitation of Offenders Act 1974 7(3) Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.89862
Expired driving ban was spent after five years for application for insurance. Citations: Gazette 19-Mar-1997 Statutes: Rehabilitation of Offenders Act 1974 1(3) Jurisdiction: England and Wales Insurance Updated: 11 May 2022; Ref: scu.84831
When there are previous convictions which are spent, it is not possible to refer to the defendant as a person of good character. It is however possible for a modified direction to be given to the effect that the defendant has no previous convictions which are relevant to the charge which is before the jury: … Continue reading Regina v Nye: CACD 1982
Housing – Licensing under parts 2 and 3 of the Housing Act 2004 – requirement for a licence holder to be a ‘fit and proper person’ – Rehabilitation of Offenders Act 1974 – treatment of spent convictions of a rehabilitated person and related criminal proceedings – admissibility of conduct underlying a conviction – the test … Continue reading Hussain and Others v London Borough of Waltham Forest: UTLC 5 Nov 2019
Claim by way of judicial review challenging the Defendant’s decision to refuse to enter the Claimant on the Defendant’s housing register. Held: Judges: Marquand DHCJ Citations:  HLR 39,  EWHC 1850 (Admin) Links: Bailii Statutes: Rehabilitation of Offenders Act 1974 4(1) Jurisdiction: England and Wales Cited by: Overruled – Hussain and Others v The … Continue reading YA v London Borough of Hammersmith and Fulham: Admn 27 Jul 2016
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a conviction for any offence could be put to a witness by way … Continue reading Clifford v Clifford: 1961
Company Director Disqualification proceedings can take account of convictions spent under Rehabilitation of Offenders Act 1974. Citations: Times 27-Aug-1997 Statutes: Company Directors Disqualification Act 1986, Rehabilitation of Offenders Act 1974 Administrative Updated: 10 April 2022; Ref: scu.89143
Justices are to consider spent convictions only if there was no other way of doing justice. Citations: Times 23-Jun-1994 Statutes: Rehabilitation of Offenders Act 1974 7-3 Criminal Practice Updated: 09 April 2022; Ref: scu.86826
The claimant sought damages against the police for assault, wrongful arrest, false imprisonment and malicious prosecution arising from an arrest for a suspected drink-driving offence. He was acquitted of charges of assaulting a police officer in the execution of his duty and failing to give a sample under the Road Traffic Act 1972. The police … Continue reading Dickinson v Yates: CA 27 Nov 1986
Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights. Held: The appeals succeeded. The statutory system which required … Continue reading T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
Challenge to disclosure by police of spent convictions. Sir Brian Leveson P QBD, Beatson, Thirlwall LJJ  EWCA Civ 321,  2 All ER 794,  WLR(D) 710,  1 WLR 3281,  2 Cr App R 12 Bailii, WLRD Police Act 1997, Rehabilitation of Offenders Act 1974, European Convention on Human Rights England and … Continue reading P, Regina (on The Application of) The Secretary of State for The Home Department and Another: CA 3 May 2017
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014
The Claimant applied for judicial review of the Defendant’s decision to refuse his application for naturalisation as a British citizen, and subsequently confirmed on review. The reason for refusal was that the Defendant was not satisfied that he met the ‘good character’ requirement for naturalisation because of his conviction for a speeding offence which would … Continue reading Hiri v Secretary of State for The Home Department: Admn 18 Feb 2014
The claimant had, some 20 years previously, been convicted and sentenced for forgery of a will. The defendants, relatives, had ever since written to those with whom he had dealings to tell them of the conviction and facts. The claimant, unable to sue in defamation, now sought an injunction alleging breach of Data Protection and … Continue reading KJO v XIM: QBD 7 Jul 2011
Failure to plead decisive malice allegation Appeal by the claimant against an order following a judgment striking out particulars of malice pleaded in the amended reply, among other determinations. Judgment was then entered in favour of the Campaign Against Antisemitsm in respect of a claim for libel. The limited issue on the appeal for which … Continue reading Greenstein v Campaign Against Antisemitism: CA 9 Jul 2021
The claimant challenged the decision of the respondent to reveal to his employers details of a conviction in 1987, when he was 15, for sexual assault on a child, and that he was presently on bail pending a decision for a further allegation. He was employed to make deliveries including to private homes. He was … Continue reading W v Chief Constable of Northumbria: Admn 7 Apr 2009
EAT Practice and Procedure : Admissibility of Evidence – Rehabilitation of Offenders Act 1974 – whether employment judge right to rule that justice could not be done without evidence of the employee’s spent conviction for kerb-crawling being admitted in evidence. Keith J  UKEAT 0025 – 13 – 1902 Bailii Rehabilitation of Offenders Act 1974 … Continue reading A v B: EAT 19 Feb 2013
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Facts of Spent Conviction Admissible at Common Law The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions. Held: For the reasons they gave, the tribunal panel were correct … Continue reading Hussain and Others v The London Borough of Waltham Forest: CA 19 Nov 2020
There was a publication of articles which referred to convictions which were spent under the 1974 Act. The court restated the principle in Bonnard v Perryman: ‘These principles have evolved because of the value the court has placed on freedom of . .
The claimant had been removed from the roll of student members of the Law Society, and wished his appeal to be heard in private.
Held: It is only in a rare case that it is appropriate to hold a hearing of this kind in private.
As to the . .
Driving licence endorsement was not a penalty for rehabilitation/disclosure purposes. . .
The insured had failed to disclose an earlier drink driving conviction on applying for insurance over five years later. The insurers refused cover on an accident. The plaintiff said that the conviction was spent under the 1974 Act. The endorsement . .
In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act.
Held: The judge had been correct not to follow practice in . .
The claimant complained that the defendant was publishing material relating to an historic conviction which was now spent. He had applied for anonymity, and had been granted it temporarily, but had since failed to comply with an order requiring him . .
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Hearing of the claimant’s application for: a) permission to rely on the fact of the defendants’ previous convictions, which are spent under the 1974 Rehabilitation of Offenders Act; b) summary judgment; alternatively c) an order for a sum of money to be paid into court under CPR Part 24 as security for costs, as a … Continue reading Rahbarpoor and Another v Suliman and Others: ChD 16 Sep 2021