The government has announced it intends to make changes to
the criminal records disclosure rules to ensure the right
balance is struck between rehabilitating offenders and
protecting the public.
Today, the government has laid a Statutory Instrument to
amend the filtering rules that govern what is automatically
disclosed through standard and enhanced criminal records
certificates issued by the Disclosure and Barring Service
(DBS).
The new legislation will remove the requirement for
automatic disclosure of youth cautions, reprimands and
warnings and remove the ‘multiple conviction’ rule, which
requires the automatic disclosure of all convictions where
a person has more than one conviction, regardless of the
nature of their offence or sentence.
The move comes following the government’s careful
consideration of a Supreme Court judgment relating to the
current disclosure regime and strikes the balance between
the needs of protecting people, especially the most
vulnerable and children, while ensuring those who have
reformed after committing offences are not
disproportionately hindered by previous wrongdoing.
This will particularly benefit those with childhood
cautions and those with minor offences who have moved away
from their past. The changes build on the government
commitment to increase employment for ex-offenders.
Convictions and adult cautions for offences specified on a
list of serious offences, which received a custodial
sentence, are recent or unspent will continue to be
disclosed under other rules.
Safeguarding Minister
said:
By making these adjustments we will ensure that
vulnerable people are protected from dangerous offenders
while those who have turned their lives around or live
with the stigma of convictions from their youth are not
held back.
The Statutory Instrument will be debated in both the
Commons and Lords later this year before the changes come
into effect.
The criminal records disclosure regime provides information
through DBScertificates to
employers about an individual’s criminal record to help
them consider a person’s suitability for certain roles,
principally those working closely with children and
vulnerable adults or roles requiring a high degree of
public trust.
Employers use the information provided through
a DBS certificate
as part of their recruitment process when considering the
suitability of applicants for eligible roles or work.
In 2018 to 2019 the DBS issued 5.8
million disclosure certificates.
Notes to editors
- the Statutory Instrument will amend The Police Act 1997
to remove automatic disclosure of:
- youth cautions, reprimands and warnings (an out of
court disposal issued to young offenders that were
replaced by youth cautions in 2013)
- all convictions where the individual has more than
one conviction (except where disclosed under the other
rules)
- the other rules will continue to result in the
disclosure of unspent convictions, convictions receiving a
custodial sentence, a conviction or adult caution for an
offence specified as ‘serious’ (the ‘never filter’ list of
offences), where less than 11 years has passed (5.5 years
for convictions received under age 18) and all adult
cautions where less than 6 years has passed
- in addition, enhanced criminal records certificates may
also include any information which a chief officer of
police reasonably believes to be relevant and in the chief
officer’s opinion ought to be included in the certificate A
corresponding Statutory Instrument has also been laid to
amend the disclosure scheme for certain sensitive roles
under the Rehabilitation of Offenders Act 1974 (Exceptions)
Order 1975
