‘One might have thought, following the judgments of the Court of Appeal (noted here) and the Supreme Court (noted here) in R (T) v Chief Constable of Greater Manchester Police [2014] UKSC 35, that there was little left to say about enhanced criminal records certificates (ECRC). After all, the Government had, with moderate grace, gone away after the Court of Appeal loss and drafted a revised set of rules in the Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (SI 2013/1198) which sought to better implement the Article 8 ECHR balance between the needs of employers and the need for long-distant misbehaviour not to be a permanent stain. But that thought fatally undervalues the ingenuity of lawyers (as well as the breadth of application of the ECRC regime).’
Panopticon, 23rd Janaury 2016
Source: www.panopticonblog.com
