DBS Disclosures (4485_14)

Request

‘If an individual has a ‘protected’ caution or conviction that will no longer be disclosed by the DBS on standard and enhanced DBS certificates, would the Chief Officer still consider disclosing such a ‘protected’ caution or conviction? If so, where is the justification in this, as Parliament has clearly said this should not be disclosed as per Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013). If the Chief Officer continues to disclose this are they not acting ultra vires? Surely such disclosure would be incompatible with the ECHR particularly in light of R (on the application of T) v Chief Constable of Greater Manchester & Others [2013] EWCA Civ 25.’

Response

This is not a request for recorded information, so it is not a valid request under the terms of the Freedom of Information Act.

However, in order to assist, I can point you towards the following web pages.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/97893/criminal-records-review-phase2.pdf (Page 14, 19, 29)

www.gov.uk/government/uploads/system/uploads/attachment_data/file/143660/app-intro-qaf.pdf  (Page 3)

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