Today the Supreme Court ruled that aspects of the criminal records disclosure scheme in England, Wales and Northern Ireland requires revision. It has stated that this system is disproportionate under article 8 of ECHR in its consideration of warnings and reprimands (now replaced by youth cautions) in relation to childhood offending behaviour. 

Clan Childlaw intervened in this case to explain the Scottish system.  Alison Reid, Principal Solicitor said: “In Scotland, the issue of disclosure of childhood offending has been accepted as needing to be considered differently to adults. Options to improve our system are being explored within the review of the PVG and Disclosure scheme which commenced last year. We welcome that this judgment is in line with the approach being developed in Scotland.”   

Read the judgment here: 

Court Judgment In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) R (on the application of P) (Appellant) v Secretary of State for the Home Department and others (Respondents) ([2019] UKSC 3 On appeals from: [2016] NICA 42 and [2017] EWCA Civ 321) 

 

Press release 30.1.19

Read Clan Childlaw's Intervention