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Home Office to expunge consensual gay sex from criminal records currently used to unjustifiably ban gays from working with children


Link Here 11th September 2012  full story: Vetting Workers...UK vets all adults to work with kids

Home Offie logo The Home Office will, from 1 October, begin the process of correcting an anomaly in the criminal records system which has for decades seen gay men unfairly stigmatised.

Anyone with a historic conviction, caution, warning or reprimand for consensual gay sex, that meets the conditions laid down in the new Protection of Freedoms Act, will be encouraged to come forward and apply to have these records deleted or disregarded.

Until now, people wishing to volunteer or work in roles that require criminal records checks have been discouraged from doing so, for fear of having to disclose offences which have long since been decriminalised.

These changes mean that, after a successful application, this information no longer needs to be disclosed on a criminal records certificate and those individuals who may have been inhibited from volunteering or seeking new work will now find that inhibition removed.

The change was made under the Protection of Freedoms Act, which received royal assent on 1 May 2012. The Home Office is working closely with the Courts and Tribunals Service, and the Association of Chief Police Officers and the Ministry of Defence to run the application process. A dedicated team of caseworkers will consider each case and make recommendations to the Home Secretary who will have the final decision.

Successful applicants will have their records updated so the offence will no longer appear on a criminal records certificate or be referred to in any future court proceedings.

Update: Now in force

2nd October 2012. See  article from  homeoffice.gov.uk

From 1st October anyone with a historic conviction for certain decriminalised consensual sex offences can apply to have these records deleted.

Until now, people wishing to work in roles that require background checks have been discouraged from doing so for fear of having to disclose offences which have long since been decriminalised.

The change was made in the Protection of Freedoms Act, which received royal assent on 1 May 2012.

The process

You can apply on the Home Website by filling out the following online form.

The Home Office will then work with the Courts, Tribunals Service and Association of Chief Police Officers. A dedicated team of caseworkers will consider each case and make recommendations to the Home Secretary who will have the final decision.

Successful applicants will have their records updated so the offence will no longer appear on a criminal records certificate or be referred to in any future court proceedings.

 

 Update: An abuse of human rights...

Pre employment job vetting of minor offences now illegal


Link Here 25th January 2016  full story: Vetting Workers...UK vets all adults to work with kids
Old Bailey Mandatory pre-employment criminal record checks have been ruled unlawful in the UK, following a ruling in the High Court.

Lord Justice McCombe and Mrs Justice Carr declared the government's disclosure scheme is incompatible with Article 8 of the European Convention on Human Rights.

The High Court heard the complaints of two people who had suffered professional setbacks after being forced to disclose minor criminal convictions to potential employers.

Lord Justice McCombe ruled that the criminal record disclosure scheme in the UK was arbitrary and unlawful.

The challenge related only to minor offences, and no challenge was made to the rules requiring disclosure for those who have been convicted of violent or sexual crimes.

The Home Office has declared that it will consider whether to appeal the decision.