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What is a Disclosure?
If a person is convicted of an offence they can, after a certain period of of
time, not disclose this conviction when asked by an employer. However, under
the Exemptions Order of the Rehabilitation of Offenders Act 1974, if the job
the person is applying for is to work with children and/or vulnerable adults,
or it is a regulated profession such as an accountant or police officer, the
applicant must disclose their conviction no matter how long ago it was. The
employer can then make an informed decision on the suitability of the person
for that job.
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As an employer or recruitment agency you
may have to ask your employees or job applicants to apply for a CRB Disclosure.
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As an employee or applicant you may be
asked to apply for a CRB Disclosure.
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The Police Act 1997 makes provision for three different levels of criminal
record checks.
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Basic : These are only available though
DisclosureScotland.co.uk.
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Standard : These are for positions that involve working
with children or regular contact with vulnerable adults. They will also be
issued in other circumstances such as for those providing health services and
for those entering certain professions such as accountancy.
Standard Disclosures contain details of all convictions on record, plus details
of any cautions, reprimands or warnings.
For positions involving working with children, the Standard Disclosure will
also give any information contained on government department lists of people
considered unsuitable to work with children. These lists are held by the DfES
and DH.
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Enhanced : These are for those regularly caring for,
training, supervising or being in sole charge of children or vulnerable adults.
Enhanced Disclosures will also be issued in respect of other positions such as
those seeking judicial appointments, and certain statutory licensing purposes.
All Enhanced Disclosures involve an extra level of checking with local police
force records in addition to checks with the Police National Computer (PNC) and
the government department lists held by the DfES and DH, where appropriate.
Local police information can be contained on both copies of the Disclosure. It
is up to the Chief Constable of the relevant police force or forces to decide
what, if any, information is disclosed. Chief Constables can decide that some
information may be relevant to the position but do not wish the prospective
employee to see the information. This information will be sent separately to
the person who countersigned the application only.
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