This action is in response to the Court of Appeal judgment which stated that the disclosure of all cautions and convictions on a DBS certificate was incompatible with Article 8 of the European Convention on Human Rights (see the March Newsletter).
Since the judgment, the DBS has been working with the Home Office to develop a set of filtering rules that would remove certain old and minor convictions and cautions from a DBS certificate.
The filtering rules which are now before Parliament for consideration are: A conviction will be removed from an adult’s criminal record certificate if:
If a person has more than one offence, then details of all their convictions will always be included. For those under 18 at the time of the offence, the above 11-year period will be reduced to 5.5 years. A caution will be removed after six years have elapsed since the date of the caution (two years for a young person) unless it was for a ‘specified offence’.
The changes will not come into force until the legislation has completed its passage through Parliament.
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