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Disclosure and Barring Service - filtering of old and minor convictions and cautions

User AvatarPosted by Chris A Brown at 04/04/2013 14:12:11

The Home Office has started the legislative process (subject to agreement by Parliament) so that certain old and minor cautions and convictions will no longer be disclosed on a DBS certificate.

This action is in response to the Court of Appeal judgment in January this year which stated that the disclosure of all cautions and convictions on a DBS Certificate was incompatible with Article 8 of the Convention for Human Rights.

Since the judgment, the Disclosure and Barring Service have been working very closely with the Home Office to develop a set of filtering rules that would remove certain old and minor convictions and cautions from a DBS certificate. The filtering rules which are now before parliament for consideration are:

An adult conviction will be removed from a criminal record certificate if:

(i) 11 years have elapsed since the date of conviction
(ii) it is the person's only offence and
(iii) it did not result in a custodial sentence.

Even then, it will only be removed if it does not appear on the list of specified offences. If a person has more than one offence, then details of all their convictions will always be included.

An adult caution will be removed after 6 years have elapsed since the date of the caution - and if it does not appear on the list of specified offences.

For those under 18 at the time of the offence:

A conviction received as a young person would become eligible for filtering after 5.5 years - unless it is on the list of specified offences, a custodial sentence was received or the individual has more than one conviction.

A caution administered to a young person will not be disclosed if 2 years have elapsed since the date of issue - but only if it does not appear on the list of specified offences.

The changes will not come into force until after the legislation has completed its passage through Parliament.

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