|
| |
|
(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 |
| |
| 5 |
| |
(i) | for “must” substitute “may”, and |
| |
| |
| |
(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”. |
| 15 |
(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”. |
| |
| 20 |
| |
Safeguards in relation to certificates |
| |
77 | Restriction on information provided to registered persons |
| |
| |
(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 |
| |
| |
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 |
| |
| |
“(aa) | is aged 16 or over at the time of making the application,”. |
| |
(2) | In section 120(4) of that Act (registered persons)— |
| 35 |
| |
(i) | after “person” insert “who is”, and |
| |
(ii) | after “enactment” insert “and who, in the case of an individual, |
| |
| |
(b) | in paragraph (c) after “individual” insert “aged 18 or over”. |
| 40 |
|
| |
|
| |
|
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 |
| |
| |
(a) | for “the chief officer of every relevant police force” substitute “any |
| 5 |
| |
(b) | omit “, in the chief officer’s opinion”, |
| |
(c) | in paragraph (a), for “might” substitute “the chief officer reasonably |
| |
| |
(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 |
| |
| |
(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).”, |
| |
| 20 |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
(3) | For the purposes of subsection (1) a certificate is subject to up-date |
| |
arrangements if condition A or B is met. |
| |
| |
(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 |
| |
| |
(c) | the Secretary of State has granted the application for the |
| 15 |
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. |
| |
| |
(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 |
| |
| |
(b) | the individual has paid in the prescribed manner any |
| |
| 25 |
(c) | the Secretary of State has granted the application, |
| |
(d) | the grant has come into force on the expiry of the previous up- |
| |
| |
(e) | the period of 12 months beginning with the date on which the |
| |
grant has come into force has not expired. |
| 30 |
(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 |
| |
| |
(7) | In this section “up-date information” means— |
| 35 |
(a) | in relation to a criminal conviction certificate or a criminal |
| |
| |
(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 |
| |
| 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) |
| |
|
| |
|
| |
|
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, |
| |
| 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 |
| |
(ii) | advice to apply for a new certificate or (as the case may |
| |
be) request another person to apply for such a certificate. |
| |
| |
“central records” has the same meaning as in section 113A, |
| 15 |
“criminal record certificate” includes a certificate under section |
| |
| |
“enhanced criminal record certificate” includes a certificate under |
| |
| |
“exempted question” has the same meaning as in section 113A, |
| 20 |
| |
(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).” |
| 35 |
81 | Criminal conviction certificates: conditional cautions |
| |
In section 112(2) of the Police Act 1997 (contents of a criminal conviction |
| |
| |
(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”. |
| |
|
| |
|
| |
|
| |
Disregarding certain convictions for buggery etc. |
| |
| |
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 |
| |
| 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). |
| |
| 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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
|
| |
|