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.’
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
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.
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.”
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
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
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
Millions of innocent people who have just reported a crime have their details stored on police databases, Continue reading Police databases of millions of 999 callers