Tag Archives: police disclosure

Implications of CRB/ DBS Filtering for Employers

Criminal Records and the CRB, Employers, , , , , ,

Following the introduction of filtering certain convictions and cautions from DBS certificates on 29th May 2013, Employers will not be able to take certain old and minor cautions and convictions into account when making decisions about any individual. HR policies,  job specifications and application forms will therefore all need to reflect the filtering changes.

It is important that employers ask the right questions, and that employees give the right (legally accurate) answer. The DBS  suggests that Employers  include the following paragraph below in their standard application forms:

‘The amendments  to the Exceptions Order 1975 (2013) provide that certain spent convictions and cautions are ‘protected’ and are not subject to disclosure to employers, and cannot be taken into account. Guidance and criteria on the filtering of these cautions and convictions can be found at the Disclosure and Barring Service website.’

Launch of Police National Database

Children, In the News, Justice, Vulnerable Adults, , ,

The new Police National Database ((PND) will be launched nationally on 23 June 2011.   The information held on the PND is not new information but comes from existing force systems that support force intelligence, crime, domestic abuse, child abuse and custody business areas.  The PND now offers forces direct access to that information, and details of intelligence about vehicles, locations and events.

A case study demonstrating the benefits for police users working in child protection  is available here.

Only Enhanced Disclosures will contain reference to  any ‘relevant and proportional information’ held by local police forces,  so employers will need to utilise safer recruitment and other HR policies to ensure that people working on the periphery of Regulated Activity are appropriate to do so.   Continue reading Launch of Police National Database →

Police pick up charging powers from CPS

Background to Safeguarding, In the News, Justice, Parliamentary Affairs, Reviews, , , , ,

The power to decide charges for those suspected of crimes will be passed from the Crown Prosecution Service to the police under plans announced by the Home Secretary on 9th May.   Theresa May said the Home Office will pilot doubling the number of charges transferred to the police, making them responsible for 80% of charging decisions, including shoplifting cases.

Rationale for change

Charging defendants by post was among other measures outlined today to provide a ‘new, simpler and potentially quicker’ way of bringing a defendant to court for a prosecution.  May said that in ‘appropriate bail cases’, this will allow officers to send a written charge by post, requiring the defendant to attend court on a specific date to answer the charge, rather than calling the suspect back to the police station.

The moves are part of raft of changes  aimed at reducing police bureaucracy and giving police more control over the way they operate. They follow up a pledge made by the home secretary a year ago to give the police more freedom.

The Home Office estimates that the package of reforms could save over 2.5 million police hours every year, the equivalent of 1,200 police officer posts.

Background statistics

Under the present arrangements the police can only charge in these cases when a guilty plea is anticipated. 

The CPS took over charging decisions in the most serious, sensitive and complex cases in 2006, but police always retained around 67% of all charging decisions – made up of high volumes of less serious cases.  The CPS will continue to make charging decisions in the most complex and serious cases.   ‘The ‘Public Prosecutions’ Guidance on Charging’ set outs these new charging responsibilities for police officers and the role of prosecutors.

NSPCC quantify child sex abuse cases

Children, Justice, Sex Offender profiles, , ,

NSPCC research via a freedom of information request to all 43 police forces in England and Wales show that at least 64 children are sexually abused every day in England and Wales.

More than 23,000 offences – including rape, incest and gross indecency – were recorded by police in 2009-10, an 8% increase on 2008-9, the charity said.  The figures showed that more than half of the victims were aged between 12 and 15, one in four was aged five to 11, and more than 1,000 were aged four or younger.  Girls were more than six times more likely to be assaulted than boys, with 86% of attacks taking place against females, the figures showed.

For the first time, its research also looked at the age of abusers and found a quarter were aged under 18. One in four victims was aged 11 or under. 

Continue reading NSPCC quantify child sex abuse cases →

Unlawful arrest compensation for teacher

Background to Safeguarding, Education, In the News, , ,

A Birmingham teacher who was unlawfully arrested after being accused of assaulting a pupil has been awarded £1,000 compensation at the High Court. Mark Richardson, 39,  was arrested even though he volunteered to be interviewed by police. No prosecution was brought and he sued West Midlands Police, fearing the stain the arrest would leave on his record.    As well as claiming he was unlawfully arrested, Mr Richardson also wanted West Midlands Police to destroy DNA samples, fingerprints and photographs taken at the time and for his arrest entry on the Police National Computer (PNC) to be deleted or amended.

 However while Mrs Justice Slade ruled that Mr Richardson’s arrest was unlawful, she  declined these other requests, noting that the force said it would “take it properly into account when making any decision as to a request by the claimant for destruction or removal” of fingerprints and DNA. The force said it was investigating the handling of the 2009 case.

 Chris Keates, general secretary of the NASUWT, said she would be writing to the secretary of state for education and the home secretary to seek changes to national procedures.

“This is a landmark decision for teachers and others who are vulnerable to allegations made by children and young people,” he said. “New guidance for police is needed urgently to prevent these needless arrests that wreck innocent people’s careers. “Teachers are vulnerable to allegations made by pupils. “Such allegations frequently involve police investigation. “The overwhelming majority prove to be false but teachers are often deeply traumatised and their career is blighted.”

BBC News

PQ on EU Criminal Record exchange

Background to Safeguarding, International Safeguarding, Justice, Parliamentary Affairs, , ,

In a Parliamentary Question Anas Sarwar  asked what steps the Home Office is taking to increase sharing of criminal records files with other EU member states.  Lynne Featherstone  replied in a written statement as follows:

Criminal record exchange within the European Union takes place within the framework of Council Decision 2005/876/JHA on the exchange of information extracted from the criminal record. Between 2007-08 and 2009-10 the amount of criminal convictions exchanged has increased:

  • Notifications received of UK nationals convicted in the EU increased from 3,120 to 6,298.
  • The number of notifications from the UK to other member states about the convictions of one of their nationals here has increased from 12,736 in 2007-08 (when only the first conviction of an EU national was sent) to 33,583 in 2009-10 (when all convictions were sent).
  • The number of requests received for the criminal record of UK citizens subject to criminal proceedings in other member states has increased from 190 to 341 in the same time period.
  • The number of requests made by the UK police and law enforcement agencies in relation to EU nationals subject to criminal proceedings here increased from 2,372 to 6,513.

Continue reading PQ on EU Criminal Record exchange →

Public access to Sentencing Records

Justice, Ministerial Announcements, Parliamentary Affairs, Sex Offender profiles, , ,

Policing Minister Nick Herbert has indicated that details of sentences handed down to criminals could be published online in future, making public access to sentencing records much easier. 

He said he hoped to build on the success of the new crime-mapping website which shows how many offences have been committed in particular streets:  “This website is a strong example of this government’s commitment to greater transparency in public services, giving communities the information they need to hold their local police to account.” Continue reading Public access to Sentencing Records →

Changes to Sex Offenders Register

In the News, Key Cases, Ministerial Announcements, Sex Offender profiles, , , , ,

The Government response to the Supreme Court ruling about the human rights of sex offenders is to make the minimum possible changes to the law in order to comply with the ruling.  These are summarised below. Continue reading Changes to Sex Offenders Register →