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ARTICLE · 07 FEBRUARY 2019

Supreme Court Rules On Enhanced Disclosure Certificates And Parallel Self-Disclosure Obligations

In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (P, G & W) v Secretary of State for the Home Department;

United KingdomLitigation, Mediation & Arbitration

In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (P, G & W) v Secretary of State for the Home Department; R (P) v Secretary of State for the Home Department [2019] UKSC 3

In a complex matter, the Supreme Court has provided guidance on the disclosure obligations of those who had been found guilty of lesser offences and/or received cautions when applying for roles involving vulnerable parties and children.

Regulatory regime

Under the Rehabilitation of Offenders Act 1974 / Rehabilitation of Offenders Order (NI) 1978, a person is not generally required to disclose spent convictions to prospective employers. However, there are certain exceptions to this right of non-disclosure, where it includes the person working with children or vulnerable adults.

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