Protection of Freedoms Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Protection of Freedoms Bill

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 2 — Criminal records
63

(b)
section 89(6) (which, if commenced, would amend the power of the
Secretary of State in the Act of 2006 to examine records of convictions
or cautions in connection with barring decisions).
(2)
In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local
authorities to refer)—
5
(a)
in subsection (1)—
(i)
for “must” substitute “may”, and
(ii)
omit “prescribed”,
(b)
in subsection (4)—
(i)
in paragraph (a), for “engaged or may engage” substitute “or
10
has been, or might in future, be engaged”,
(ii)
also in paragraph (a), omit “or controlled activity”, and
(iii)
in paragraph (b) for “, 2, 7 or 8” substitute “or 7”,
(c)
in subsection (5) omit “prescribed”, and
(d)
in the heading for “duty” substitute “power”.
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(3)
In section 50A(1) of the Act of 2006 (power for ISA to provide information to
the police for use for certain purposes), after paragraph (b), insert—
“(c)
the appointment of persons who are under the direction and
control of the chief officer”.
Chapter 2
20
Criminal records
Safeguards in relation to certificates
77
Restriction on information provided to registered persons
Omit—
(a)
section 113A(4) of the Police Act 1997 (requirement to send copy of
25
criminal record certificate to registered person), and
(b)
section 113B(5) and (6) of that Act (requirement to give relevant
information and copy of enhanced criminal record certificate to
registered person).
78
Minimum age for applicants for certificates or to be registered
30
(1)
In sections 112(1), 113A(1), 113B(1), 114(1) and 116(1) of the Police Act 1997
(applications for certificates), before the word “and” at the end of paragraph
(a), insert—
“(aa)
is aged 16 or over at the time of making the application,”.
(2)
In section 120(4) of that Act (registered persons)—
35
(a)
in paragraph (b)—
(i)
after “person” insert “who is”, and
(ii)
after “enactment” insert “and who, in the case of an individual,
is aged 18 or over”, and
(b)
in paragraph (c) after “individual” insert “aged 18 or over”.
40

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 2 — Criminal records
64

79
Enhanced criminal record certificates: additional safeguards
(1)
In subsection (4) of section 113B of the Police Act 1997 (enhanced criminal
record certificates: requests by the Secretary of State to chief officers for
information)—
(a)
for “the chief officer of every relevant police force” substitute “any
5
relevant chief officer”,
(b)
omit “, in the chief officer’s opinion”,
(c)
in paragraph (a), for “might” substitute “the chief officer reasonably
believes to”, and
(d)
in paragraph (b), at the beginning insert “in the chief officer’s opinion,”.
10
(2)
After subsection (4) of that section of that Act insert—
“(4A)
In exercising functions under subsection (4) a relevant chief officer
must have regard to any guidance for the time being published by the
Secretary of State.”
(3)
In subsection (9) of that section of that Act—
15
(a)
before the definition of “relevant police force” insert—
“relevant chief officer” means any chief officer of a police
force who is identified by the Secretary of State for the
purposes of making a request under subsection (4).”,
and
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(b)
omit the definition of “relevant police force”.
(4)
After section 117(2) of that Act (disputes about accuracy of certificates) insert—
“(2A)
An application under this section may, in particular, request a review
of any information contained in a certificate by virtue of section
113B(4).
25
(2B)
The Secretary of State, on receiving such a request, must ask such chief
officer of a police force as the Secretary of State considers appropriate
to review whether the information concerned might be relevant for the
purpose in respect of which it was requested.
(2C)
Subsections (10) and (11) of section 113B apply for the purposes of
30
subsection (2B) as they apply for the purposes of that section.”
Up-dating and content of certificates
80
Up-dating certificates
After section 116 of the Police Act 1997 (enhanced criminal record certificates:
judicial appointments and Crown employment) insert—
35
“116A
Up-dating certificates
(1)
The Secretary of State must, on the request of a relevant person and
subject to subsection (2), give up-date information to that person
about—
(a)
a criminal conviction certificate,
40
(b)
a criminal record certificate, or
(c)
an enhanced criminal record certificate,

which is subject to up-date arrangements.

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 2 — Criminal records
65

(2)
The Secretary of State may impose conditions about—
(a)
the information to be supplied in connection with such a
request for the purpose of enabling the Secretary of State to
decide whether the person is a relevant person,
(b)
any other information to be supplied in connection with such a
5
request.
(3)
For the purposes of subsection (1) a certificate is subject to up-date
arrangements if condition A or B is met.
(4)
Condition A is that—
(a)
the individual who applied for the certificate made an
10
application at the same time to the Secretary of State for the
certificate to be subject to up-date arrangements,
(b)
the individual has paid in the prescribed manner any
prescribed fee,
(c)
the Secretary of State has granted the application for the
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certificate to be subject to up-date arrangements, and
(d)
the period of 12 months beginning with the date on which the
grant comes into force has not expired.
(5)
Condition B is that—
(a)
the individual whose certificate it is has made an application to
20
the Secretary of State to renew or (as the case may be) further
renew unexpired up-date arrangements in relation to the
certificate,
(b)
the individual has paid in the prescribed manner any
prescribed fee,
25
(c)
the Secretary of State has granted the application,
(d)
the grant has come into force on the expiry of the previous up-
date arrangements, and
(e)
the period of 12 months beginning with the date on which the
grant has come into force has not expired.
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(6)
The Secretary of State must not grant an application as mentioned in
subsection (4)(c) or (5)(c) unless any fee prescribed under subsection
(4)(b) or (as the case may be) (5)(b) has been paid in the manner so
prescribed.
(7)
In this section “up-date information” means—
35
(a)
in relation to a criminal conviction certificate or a criminal
record certificate—
(i)
information that there is no information recorded in
central records which would be included in a new
certificate but is not included in the current certificate, or
40
(ii)
advice to apply for a new certificate or (as the case may
be) request another person to apply for such a certificate,
(b)
in relation to an enhanced criminal record certificate which
includes suitability information relating to children or
vulnerable adults—
45
(i)
information that there is no information recorded in
central records, no information of the kind mentioned in
section 113B(4), and no information of the kind
mentioned in section 113BA(2) or (as the case may be)

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 2 — Criminal records
66

113BB(2), which would be included in a new certificate
but is not included in the current certificate, or
(ii)
advice to apply for a new certificate or (as the case may
be) request another person to apply for such a certificate,
and
5
(c)
in relation to any other enhanced criminal record certificate—
(i)
information that there is no information recorded in
central records, nor any information of the kind
mentioned in section 113B(4), which would be included
in a new certificate but is not included in the current
10
certificate, or
(ii)
advice to apply for a new certificate or (as the case may
be) request another person to apply for such a certificate.
(8)
In this section—
“central records” has the same meaning as in section 113A,
15
“criminal record certificate” includes a certificate under section
114,
“enhanced criminal record certificate” includes a certificate under
section 116,
“exempted question” has the same meaning as in section 113A,
20
“relevant person” means—
(a)
in relation to a criminal conviction certificate—
(i)
the individual whose certificate it is, or
(ii)
any person authorised by the individual,
(b)
in relation to a criminal record certificate—
25
(i)
the individual whose certificate it is, or
(ii)
any person who is authorised by the individual
and is seeking the information for the purposes
of an exempted question, and
(c)
in relation to an enhanced criminal record certificate—
30
(i)
the individual whose certificate it is, or
(ii)
any person who is authorised by the individual
and is seeking the information for the purposes
of an exempted question asked for a purpose
prescribed under section 113B(2)(b).”
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81
Criminal conviction certificates: conditional cautions
In section 112(2) of the Police Act 1997 (contents of a criminal conviction
certificate)—
(a)
in paragraph (a) after “conviction” insert “or conditional caution”, and
(b)
in paragraph (b) for “is no such conviction” substitute “are no such
40
convictions and conditional cautions”.

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 3 — Disregarding certain convictions for buggery etc.
67

Chapter 3
Disregarding certain convictions for buggery etc.
General
82
Power of Secretary of State to disregard convictions or cautions
(1)
A person who has been convicted of, or cautioned for, an offence under—
5
(a)
section 12 of the Sexual Offences Act 1956 (buggery),
(b)
section 13 of that Act (gross indecency between men), or
(c)
section 61 of the Offences against the Person Act 1861 or section 11 of
the Criminal Law Amendment Act 1885 (corresponding earlier
offences),
10

may apply to the Secretary of State for the conviction or caution to become a
disregarded conviction or caution.
(2)
A conviction or caution becomes a disregarded conviction or caution when
conditions A and B are met.
(3)
Condition A is that the Secretary of State decides that it appears that—
15
(a)
the other person involved in the conduct constituting the offence
consented to it and was aged 16 or over, and
(b)
any such conduct now would not be an offence under section 71 of the
Sexual Offences Act 2003 (sexual activity in a public lavatory).
(4)
Condition B is that—
20
(a)
the Secretary of State has given notice of the decision to the applicant
under section 84(4)(b), and
(b)
the period of 14 days beginning with the day on which the notice was
given has ended.
(5)
Sections 85 to 88 explain the effect of a conviction or caution becoming a
25
disregarded conviction or caution.
83
Applications to the Secretary of State
(1)
An application under section 82 must be in writing.
(2)
It must state—
(a)
the name, address and date of birth of the applicant,
30
(b)
the name and address of the applicant at the time of the conviction or
caution,
(c)
so far as known to the applicant, the time when and the place where the
conviction was made or the caution given and, for a conviction, the case
number, and
35
(d)
such other information as the Secretary of State may require.
(3)
It may include representations by the applicant or written evidence about the
matters mentioned in condition A in section 82.