This article charts the rise of criminal vetting by employers and voluntary organisations in England and Wales. It examines the historical roots of vetting and its progress from being initially a marginal concern for specialised groups to its position as an integral part of the recruitment process for over 3,000,000 people per annum by 2007. Critical exploration of this shift is provided-key events such as the Conservative government consultation of the early 1990's and the incremental implementation of its recommendations are re-evaluated. This article identifies and examines the correlation between the media reporting of, and subsequent public reaction to, a series of high profile child murders and the response of the legislature and the judiciary to these which lead ultimately to the development of a vetting epidemic in England and Wales by 2007. The role played in this development by vested interests, such as voluntary groups and employers, will be traced and critiqued, along with the missed opportunities for reform which might have prevented the epidemic's spread.

This article considers the processes of criminal vetting and outlines the legislative framework allowing such disclosures and subsequent judicial interpretation of that framework. The focus is on disclosure of non-conviction (so-called 'soft') materials on 'enhanced' certificates and subsequent challenges to those disclosures at judicial review. Key cases are analysed, including R (on the application of X) v Chief Constable of West Midlands Police (2004) (2011) is scrutinised. The article also highlights interference in Article 8 of the European Convention on Human Rights (right to privacy) and questions whether interference can be justified, and whether the present judicial focus on right of representations in such cases is misplaced. and R (on the application of L) (FC) (Appellant) v Commissioner of Police of the Metropolis (Respondent) (2009). The proportionality test in R (L) is noted and its subsequent application in the recent decisions of R (on the application of C) v Chief Constable of Greater Manchester; Secretary of State for the Home Department (2011) and R (on the application of B) v Chief Constable of Derbyshire Constabulary

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