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New rules when conducting criminal records checks

New rules when conducting criminal records checks
Richard Hiron Dec 03,2020
blog post

With effect from 28 November 2020, standard and enhanced criminal records checks from the Disclosure and Barring Service (DBS, formerly the Criminal Records Bureau) have been changed under The Police Act 1997 (Criminal Records Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020.

What this means is that:-

 

  • Youth cautions (including youth warnings and reprimands) no longer have to be disclosed; and
  • Whilst those with multiple convictions formerly had to disclose all of those convictions, regardless of what those convictions were for, they will not necessarily have to do so now.

 

This comes as a result of a ruling by the Supreme Court last year that having to disclose multiple convictions, as well as youth reprimands and youth warnings, was disproportionate with Article 8 of the European Convention on Human Rights (the right to respect for private and family life).

The DBS has issued guidance on this change, which you can access here.