Barrister Niall Nolan spoke at a recent PILA seminar on spent convictions legislation and legislation establishing a National Vetting Bureau. Niall analysed the Criminal Justice (Spent Convictions) Bill 2012 & the National Vetting Bureau (Children & Vulnerable Persons) Act 2012, and identified some areas of concern relevant to judicial review and public law.
He concludes that both pieces of legislation are "a welcome improvement in attempting to assist the rehabilitation of past offenders and improve the safety of the youngest and most vulnerable in our society and are to be commended. Their delayed implementation is however a cause of real concern." However he says that this delay provides an opportunity to review both pieces of legislation - particularly on procedural issues, the giving of reasons for decisions by the chief officer of the National Vetting Bureau, and the number and type of convictions covered by the spent convictions legislation.
Niall also reviews an important UK appeal decision on the topic of spent convictions, T & Ors v Chief Constable of Greater Manchester [2013] EWCA Civ 25. In that case, Lord Dyson held that there were not sufficient legislative safeguards in place to prevent a violation of Article 8 privacy rights under the European Convention on Human Rights.