Advertisement

The Police Disclosure of Non-conviction Information to Employers (1986–2010)

  • Terry Thomas
  • Kevin Bennett
Chapter

Abstract

The disclosure of ‘non conviction information’ to employers emerged quietly in the mid-1980s with only minimal public discussion. Within a few years, it had embedded itself within the general criminal record disclosure arrangements. These arrangements were based on Home Office circulars until the passing of the 1997 Police Act when they became subject to a statutory framework. The first real legal challenge came in the case of R(X) in 2004 which prioritised the employer’s right to know about ‘non conviction information’ over the job applicant’s right to privacy. Guidance was produced for the police on how to make decisions to disclose but, for the applicant, a more effective legal challenge was made in the case of R(L) in 2009.

Keywords

‘Non-conviction information’ disclosure Police Act 1997 ‘Additional information’ ‘Approved information’ List 99 Consultancy Service ‘Registered bodies’ 

References

  1. CRB (Criminal Records Bureau). (2003, September 17). Appointment of Sir Rhys Davies as the First Independent Monitor (Press release). Liverpool.Google Scholar
  2. Fae, J. (2008, August 17). Malicious Gossip Could Cost You Your Job. The Register. Available at https://www.theregister.co.uk/2008/08/17/gossip_work_check/. Accessed 11 May 2019.
  3. Home Office. (1986a). Police Reports of Convictions and Related Information. (Circular No. 45/1986). London.Google Scholar
  4. Home Office. (1986b). Protection of Children: Disclosure of Criminal Background of Those with Access to Children (Circular No. HOC (86) 44). London.Google Scholar
  5. Home Office. (1988). Protection of Children: Disclosure of Criminal Background of Those with Access to Children (Circular No. HOC 102/88). London.Google Scholar
  6. Home Office. (1990). Criminal Records: The Governments Reply to the Third Report from the Home Affairs Committee Session 1989–1990 (Cm. 1163). London: HMSO.Google Scholar
  7. Home Office. (1991). National Collection of Criminal Records: Report of an Efficiency Scrutiny. London: Home Office.Google Scholar
  8. Home Office. (1993a). Protection of Children: Disclosure of Criminal Background of Those with Access to Children (Circular No. HOC 47/93). London.Google Scholar
  9. Home Office. (1993b, September). Disclosure of Criminal Records for Employment Vetting Purposes: A Consultation Paper by the Home Office (Cm. 2319). London: HMSO.Google Scholar
  10. Home Office. (1994, February). Summary of Responses Received to Consultation Paper on Disclosure of Criminal Records for Employment Vetting Purposes (Cm. 2319). F2 Division, Home Office.Google Scholar
  11. Home Office. (1996, June). On the Record: The Governments Proposals for Access to Criminal Records for Employment and Related Purposes in England and Wales (Cm. 3308). London: HMSO.Google Scholar
  12. Home Office. (2005a). Criminal Records Bureau: Local Checks by Police Forces for the Purpose of Enhanced Disclosures (Circular No. 5/2005). London.Google Scholar
  13. Home Office. (2005b). Code of Practice on the Management of Police Information. London.Google Scholar
  14. Home Office/DHSS (Department of Health and Social Security). (1985, July). Disclosure of Criminal Convictions of Those with Access to Children—First Report. London.Google Scholar
  15. House of Commons. (1990). Criminal Records. Third Report of the Home Affairs Committee, Session 1989–90 (HC285). London: HMSO.Google Scholar
  16. House of Commons. (2004, June 22). The Bichard Inquiry Report (HC653). London: The Stationery Office.Google Scholar
  17. Pitt-Payne, T. (2009). The Shadow of the Past. New Law Journal (7392). Available at https://www.newlawjournal.co.uk/content/shadow-past. Accessed 7 May 2019.
  18. Williams, Z. (2009, July). The Criminal Gossip Bureau Can Ruin Your Job Prospects. The Guardian.Google Scholar

Copyright information

© The Author(s) 2019

Authors and Affiliations

  • Terry Thomas
    • 1
  • Kevin Bennett
    • 2
  1. 1.Leeds Beckett UniversityLeedsUK
  2. 2.University of SunderlandSunderlandUK

Personalised recommendations