criminal records bureau (CRB)
Police Checks
The term ‘Police Check' is now obsolete in the UK. Many people will still express themselves using that terminology but the real word is ‘Disclosure'.
You are still able to obtain information from the police under the public assess route using the Data Protection Act 1998 legislation. However, this is not acceptable for employment purposes, as it does not cover legislation under the Rehabilitation of offenders Act 1974 (Exceptions Order) or Part V of the Police Act 1997. These Acts were revised in the year 2000 and cover areas of access never before allowed to organisations employing persons in positions of trust.
The most important aspect of Disclosure is the protection of children and vulnerable adults where only an Enhanced Disclosure will suffice. An Enhanced Disclosure provides details of a person's criminal record including convictions (spent and unspent), cautions, reprimands and any warnings held on the police national computer. If the job involves working with children, it also contains details from lists held by the Department of Health, the Department for Skills and Education, other information from local police forces and the Chief officer of police in a particular area. In exceptional circumstances, confidential information may be sent under separate cover which is not revealed to the applicant.
A Standard Disclosure provides details of a person's criminal record including convictions (spent and unspent), cautions, reprimands and any warnings held on the police national computer. This type of Disclosure applies to many professions, including Doctors, solicitors, financial advisors, bank and building society managers, vets and many others placed in positions of trust. You can now see a Disclosure is nothing like an old police check (now an offence for employers to ask you to do this) where you are provided with a large, watermarked ‘certificate-style' form in order to produce to potential employers. This gives assurance that you are safe to be placed in the position offered and they can make a fully informed decision as to your employment.
Those that have their Disclosures already, go straight to the top of the employment tree. You cannot obtain a Disclosure without going to a Registered Body who also receives a copy of the Disclosure.
Police Checks Abroad
The CRB Disclosures are only suitable for people who have been in the UK for more than 6 months. Civil and Corporate Security can undertake criminal checks on applicants from Australia, New Zealand and South Africa, although these are more costly than the CRB
Why certain employees need a CRB check.
Recent legislation, Part V of the Police Act 1997, has been introduced in order to protect certain vulnerable groups within society. This Act encompasses the Rehabilitations Act 1974, making certain posts ‘exempt' from declining to furnish employers with their past criminal history. These posts include those involving access to children, young people, the elderly, disabled people, alcohol or drug misusers and the chronically sick. Many health service appointments and jobs involving the administration of justice, banking, and other financial services and national security are also exempted. In such cases, organisations are legally entitled to ask applicants for details of all convictions, irrespective of whether they are ‘spent' or ‘unspent' under the Rehabilitation of Offenders Act. The legislation now authorises registered companies to obtain details of a criminal history from the Criminal Records Bureau, an executive agency of the Home Office. These details are contained in what is termed a ‘Disclosure'.
There are three types of Disclosure: Basic/Standard/Enhanced
Basic Disclosure
This Disclosure is NOT suitable for applicants working with children, the elderly and other vulnerable groups. The Basic Disclosure only contains information held on Central Police records that are unspent according to the Rehabilitation of Offenders Act 1974.
Standard Disclosure
This contains information about both spent and unspent convictions, as well as cautions, warnings and reprimands. It is available in relation to posts that involve regular contact with Children and other vulnerable groups. It also checks information held by the DH and DfES. Standard disclosures are also issued to people entering certain professions, such as legal and finance professions, to name but two. This Disclosure can ONLY be obtained through a Registered Body to the CRB. Not by the individuals themselves.
Enhanced Disclosure
This relates to particularly sensitive area of work, e.g. involving unsupervised contact with children, young people, and vulnerable groups. It is the most comprehensive and appropriate check that is available to organisations and gives thorough information on all records held PNC, local police files, DH and DfES. List 99, POCA list (Protection of Children Act) and the POVA list (Protection of Vulnerable Adults). These are lists of Adults deemed NOT suitable to work with Children, but may not have been prosecuted. In addition, the Chief Officer of police may release information for inclusion in an Enhanced disclosure and additional information may be sent under separate cover which is not released to the applicant. This check can ONLY be obtained through a Registered Body to the CRB.
Why is a Disclosure Necessary?
Under the Protection of Children Act 1999 and the Criminal Justice and Court Services Act 2000, it is an offence for any organisation to offer employment that involves regular contact with young people under the age of 18 to anyone who has been convicted of certain specified offences or included on lists of people considered unsuitable for such work held by the DH and DfES. The act applies to employment agencies and employment business whether they are carried on by commercial concerns for profit or by non-profit making bodies.
For further information contact:
Criminal Records Bureau,
PO Box 91,
Liverpool L69 2UH
CRB Information Line 0870 90 90 811
For more details information, see the CRB disclosure web site
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