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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5481
Experience:  Dual qualified Solicitor and Attorney
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What is the law that protects spent convictions/cautions

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What is the law that protects spent convictions/cautions from being disclosed by third parties?
Hi thank you for your message, Section 8 of the ROA says if a person can prove that the details of a spent conviction were published with a primarily motive of causing damage to the subject (malice), then the publisher may be subject to libel damages regardless of whether the details were true or not. Case law (Herbage v Pressdram) tells us that for the purposes of the ROA, malice means that the publication was made “with some irrelevant, spiteful or improper motive”, for example trying to cause financial harm to the claimant – rather than reporting the conviction in a story which is clearly in the public interest.
However in practice, the law of libel provides no sanction against the publication of spent convictions, as the conviction is a matter of public record.
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Customer: replied 6 months ago.
Thank you Jeremy. Does the same apply to a caution?

Hi thank you for your message yes it does. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 6 months ago.
Thanks Jeremy, apologies for the delay. I was inaccurate, what I mean is, simple police cautions are not public records?
No though they are on enhanced criminal records checks so someone could still find out but yes it would be harder. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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Customer: replied 6 months ago.
Thank you