Criminal Record Disclosure Process – New Legislation -

Criminal Record Disclosure Process – New Legislation

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New Filtering Rules

On 29 May 2013 the DBS introduced new filtering rules for criminal convictions and cautions.

In January 2013, The Court of Appeal ruled that the criminal record disclosure process contravened the European Convention on Human Rights in that the declaration of all previous convictions and cautions, without exception, did not respect privacy and family life.  Although the Court found that the process was unreasonable and therefore against the law it still agreed that the requirement to protect children and vulnerable adults etc was a warranted and sanctioned aim.

Whilst the Government is probing to appeal this decision the changes have been made to the criminal records disclosure process which now results in the ‘filtering out’ of certain offences.  This means they will no longer be disclosed on a Criminal Records Disclosure Certificate and disclosure of these details will no longer be a requirement by individuals.

What is Filtering?

For those individuals 18 years or over at the time of the offence:

An adult conviction will be removed from a DBS certificate if:

  • 11 years have elapsed since the date of conviction; and
  • it is the person’s only offence, and
  • it did not result in a custodial sentence.

With the above in mind, the convictions will only be removed if they do not appear on the list of offences which will never be removed from a certificate.  If an individual has more than one offence, then particulars of all their convictions will always be included.

An adult caution will be removed from a DBS certificate if:

  • 6 years have elapsed since the date of the caution; and
  • if the offence does not appear on the list of offences relevant to safeguarding.

For those individuals under 18 at the time of the offence:

  • Convictions – the same rules as above apply, except that the elapsed time period is 5.5 years.
  • Cautions – the same rules as above apply, except that the elapsed time period is 2 years.

For further information and the ‘Listed Offences’ please visit the DBS website.

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