Student branded criminal for childhood police warning triumphs in court

In a landmark human rights case, the Court of Appeal has ruled that asking people to declare all past criminal convictions (as per the Police Act 1997), including offences committed as children, is a breach of their human rights (as per Article 8 of the European Convention on Human Rights).

In T v Greater Manchester Police an 11-year-old boy received two warnings from police after being found with two stolen bikes. Nearly a decade later, he was required to declare the warnings in relation to a criminal record check carried out by a potential employer and a university, despite the warnings being spent. 

The court held that a blanket requirement on job applicants to disclose minor offences, including cautions, amounted to a breach of their right to a private and family life.

The Equality and Human Rights Commission (EHRC) intervened in the case, suggesting changes to the way police retain and disclose information, such as cautions and warnings. John Wadham, EHRC's chief legal officer, said: "Many of us have been in minor trouble with the law as children, which we regret at the time but we would not expect that to affect our ability to get a job later in life. However, if the police and other bodies can pass on this information without our knowledge it will have serious implications for our lives and careers… The fact that the court has made a declaration of incompatibility indicates the seriousness of the contravention of human rights obligations in this case, which Parliament must now correct without delay."

The Home Office has said that it will appeal the decision.