Conduct underlying spent convictions is not itself spent by reason of the Rehabilitation of Offenders Act 1974 (Hussain v Waltham Forest LBC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Property Disputes analysis: The Court of Appeal has confirmed that the prohibition on relying on and/or asking questions about spent convictions and, in certain fora, circumstances that are ancillary thereto does not extend to the conduct underlying the conviction. It has also held, obiter, that in order to amount to ‘proceedings before a judicial authority’ it is not necessary that the subject body is adjudicating on rights between third parties, and that a local housing authority determining a licence application under the Housing Act 2004 is a judicial authority. In coming to both conclusions the decision of the Deputy Judge in R (YA) v Hammersmith and Fulham LBC was found to be wrong. Written by Riccardo Calzavara, barrister at Cornerstone Barristers.