The Challenge
The NIHRC supported an applicant to bring a judicial review against the Department of Justice challenging the compatibility of Article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 with Article 8 ECHR, which protects the right to private and family life.
The effect of Article 6(1) means that the applicant’s convictions are incapable of becoming “spent” as he was sentenced to a term of imprisonment for more than 30 months. This creates a lifelong obligation to disclose the applicant’s convictions.
NIACRO and UNLOCK intervened in the case before the High Court.
Human Rights engaged
Article 8 European Convention on Human Rights (ECHR).
Outcome
The UKSC dismissed the appeal, holding that Article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 did not breach Article 8 ECHR as it strikes a fair balance between the rights of the appellant and the interest of the general community and falls within the State’s margin of appreciation.
Judgments
High Court Re JR123 [2021] NIQB 97
Court of Appeal Re JR123 [2023] NICA 30
UK Supreme Court Re JR123 [2025] UKSC 8