People may be 'unfairly stigmatised' by criminal records checks despite being acquitted

Police chose to disclose a rape allegation after the man was acquitted (PA)

Britain’s highest court has called on the government to ensure that people found not guilty of offences are not “unfairly stigmatised” by criminal record checks.

Ruling on an appeal by a taxi driver who was cleared of raping a female passenger, Lord Carnwath, said the Home Office must give “careful thought” to the value of disclosing unproven allegations.

He said there was a “lack of information” about how potential employers should treat an Enhanced Criminal Records Check (ECRC), as he joined five judges to make the ruling at the Supreme Court.

“We have been shown reports which emphasise the importance of not excluding the convicted from consideration for employment, but they say nothing about the acquitted, who surely deserve greater protection from unfair stigmatisation,” Lord Carnwath added. “Nor does there appear to be any guidance to employers as to how to handle such issues.

“Even if the ECRC is expressed in entirely neutral terms, there must be a danger that the employer would infer that the disclosure would not have been made unless the chief officer had formed a view of likely guilt. These issues require further consideration outside the scope of this appeal.

“Careful thought needs to be given to the value in practice of disclosing allegations which have been tested in court and led to acquittal.”

The Supreme Court ultimately dismissed the appeal brought by a man named only as AR, after finding that in his case the disclosure was “reasonable, proportionate and no more than necessary to secure the objective of protecting young and vulnerable persons”.

AR claimed Greater Manchester Police had breached his human rights by listing an allegation of rape despite the fact he had been acquitted after a trial at Bolton Crown Court.

He had been working as a taxi driver when he was accused by a female passenger, and the case resurfaced during a criminal records check when he later applied for a job as a lecturer.

Read the full article at The Independent.