In December 1998, the government announced plans for setting up a new Criminal Records Bureau ("CRB") (then intended to be called the "Criminal Records Agency") to administer a new "one stop" criminal records system offering access to records held by the police, together with those held by the Department of Health (DH) and the then Department for Education and Skills (DfES) (since 29th June 2007, the Department for Children, Schools and Families (DCSF)).
The CRB, based in Liverpool (tel: 0870 90 90 811), started operations on 11th March 2002 (see 2002/02/22 - CRB Press Release re start of operations) but suffered from teething problems (in essence, it was swamped). It provides what it calls a "'one stop' service for England and Wales offering access to records held by the police, together with those held by the Department of Health (DH) and the Department for Children, Schools and Families (DCSF). This enables organisations registered with the CRB to make recruitment checks, particularly for positions that involve regular contact with children and vulnerable adults.
The intention is that confidential information should only be available to those who properly require it (for example for protection of children or vulnerable adults). Other use is illegal. Organisations that wish to use CRB checks must comply with the CRB Code of Practice but in practice it seems there are no effective measures or checks to prevent employers getting criminal record certificates for general purposes.
The Police Act 1997 extends to England and Wales. Ss.112-127 and s.133 provide for a new three level system of certificated criminal record checks to be run by the Criminal Records Bureau. Standard and Enhanced Disclosures are issued free to those working as volunteers but otherwise fees are payable. Fees for 2008/2009 are £36 for an Enhanced Disclosure and £31 for a Standard CRB check (see 2008/01/21 - CRB Press Release "Fees for criminal record checks have been frozen for the second year running"). The £31 fee is reduced to £26 wef 1st October 2009 (The Police Act 1997 (Criminal Records) (Amendment) Regulations 2009, SI 2009/2428).
In the main, Standard and Enhanced Disclosures are applicable to those people whose jobs involve working with children and vulnerable adults. Basic Disclosure is likely to be appropriate in other cases:-
(i) A "Criminal Conviction Certificate" (Police Act 1997 s.112) or "Basic Disclosure". This is intended to show all convictions held at national level which are not "spent" under the Rehabilitation of Offenders Act 1974 (see CRIMINAL LAW ASPECTS/Rehabilitation of Offenders Act ). Police Act 1997 s.112 came into force on 1st April 2008 for Northern Ireland only - see Police Act 1997 (Commencement No. 11) Order 2008, SI 2008/692. Hansard, 16th September 2009 indicates that there is not yet a known date for Police Act 1997 s.112 or Data Protection Act 1998 s.56 to come into force in England and Wales.
(ii) A "Criminal Record Certificate" (Police Act 1997 s.113) or "Standard Disclosure". This provides details of spent convictions and of cautions as well as of unspent convictions. It will be available only if the applicant is to engage in one of the occupations which are exceptions to the Rehabilitation of Offenders Act provisions - slightly modified for the purpose (see CRIMINAL LAW ASPECTS/Rehabilitation of Offenders Act/exceptions ).
(iii) An "Enhanced Criminal Record Certificate" (Police Act 1997 s.115). or "Enhanced Disclosure" was originally only to be available if an employee was to have unsupervised contact with children and young people under 18 or is involved with gaming, betting and lottery licensing. As from 6th April 2006 and 1st September 2006, the list of prescribed purposes for which enhanced criminal record certificates can be provided has been considerably extended by the Police Act 1997 (Criminal Records) (Amendment) Regulations 2006, SI 2006/748 and the Police Act 1997 (Criminal Records ) (Amendment No.2) Regulations 2006, SI 2006/2181 respectively. An enhanced criminal record certificate includes information from local police records on minor convictions, cautions and non-conviction information. Originally it was to include only information from the "Consultancy Index" held by the Department of Health and from "List 99" held by the Department for Education and Employment (the Consultancy Index provided information on child carers and List 99 on people barred from or restricted in work with schools, further education and the youth service). These lists have ben replaced by a new system with effect from 12th October 2009, following a public outcry when it was discovered that some 88 sex offenders had been allowed to work in schools.
An Independent Barring Board ("IBB")whose name was later changed to the "Independent Safeguarding Authority" or ISA has been established - see 2007/06/22 - DCSF Press Release "Government takes next steps in safeguarding children and vulnerable adults" which announced a consultation. This stated that the new system would be introduced from autumn of 2008 but this date was put back to October 2009 (see 2008/04/01 - Home Office Press Release "Go-live date announced for the Independent Safeguarding Authority"). See also notes at Acts of Parliament etc/Safeguarding Vulnerable Groups Act 2006 and Ruth Kelly's January 2006 statement in full).
The Information Sharing Index (England) Regulations 2006. SI 2006/983 effective from 6th April 2006 facilitate exchanges of information. They permit disclosure of information by the Secretary of State to a person or body who has been authorised by the Secretary of State to process data on her behalf even if a rule of common law might otherwise prohibit or restrict disclosure.
In March 2006 the Home Office announced "a range of measures to enhance protection of the vulnerable and provide greater assurance to the public" (2006/03/16 - Home Office Press Release re new regulations to protect the vulnerable). Proposed new regulations laid before Parliament aim to improve Criminal Records Bureau checks and amongst other things will extend entitlement to enhanced CRB checks for all staff working in schools. The new regulations are draft Criminal Justice Act 2003 (Commencement No. 12) Order 2006, draft Police Act 1997 (Criminal Records) Regulations 2006 and draft Police Act 1997 (Criminal Records) (Registration) Regulations 2006.
Applications will normally be made by the individual whose record is being checked. In the case of a "full check" or an "enhanced check" the application must be countersigned by a "registered person" to whom a copy of the resulting certificate will be copied. Registered persons are required to abide by a CRB Code of Practice to prevent misuse of information. Applications for registration have been accepted since May 2001. Applicants are required to have written policies on the recruitment of ex-offenders. Smaller employers and voluntary organisations can group together and form or use an umbrella organisation to register on their behalf. The fee for registration is £300 with an extra £5 for each additional countersignatory (for details of this and other admininstrative provisions see Police Act 1997 (Criminal Records) (Registration) Regulations 2001, SI 2001/1194 and Police Act 1997 (Criminal Records) (Registration) (Amendment) Regulations 2001, SI 2001/2498 - for Scotland see the Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2006, SSI 2006/521).
See also notes at :
The CRB web site has further detail. The telephone number of the CRB helpline is 0870 9090 844. A separate CRB Application Process website provides details about applications to the CRB and includes an Official Guide to Completing the CRB Application Form.
updated June2008
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