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.