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The Supreme Court has this morning given judgment in a landmark challenge to the Government’s criminal records disclosure regime. The two linked cases of P, G and W and Gallagher (click here for a copy of today’s judgment) concern the legality of the Government’s scheme, and whether it complies with individuals’ right to private and family life under Article 8 of the European Convention. In 2017 the Court of Appeal concluded that the scheme – which allows old, minor offences to be disclosed to prospective employers for life, with potentially devastating consequences for individuals – was unlawful. The Supreme Court upheld that decision, finding that the disclosure of youth reprimands was “directly inconsistent” with their intended purpose as a diversion from the criminal justice system.
Quincy Whitaker acted for the Appellant, G, with Tim Owen QC, instructed by Just For Kids Law. Caoilfhionn Gallagher QC and Jesse Nicholls, instructed by Salima Budhani of Bindmans LLP, acted for Unlock, an independent charity working for people with cautions and convictions.
If you would like to read more about the case, and the reasons why it was brought, Unlock’s press release responding to the Supreme Court judgment can be found by clicking here and Just For Kids Law’s statement on the case can be found by clicking here.
