Carrying out criminal records checks

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Wales

A note on the current law and best practice for employers seeking to check the criminal records of prospective and current employees, as well as those of other workers and volunteers. It considers the questions that employers can ask, taking account of the regime of spent and unspent convictions under the Rehabilitation of Offenders Act 1974 and Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023).

The note also considers the circumstances in which checks through the Disclosure and Barring Service (DBS) (formed when the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) merged on 1 December 2012) are available. It takes account of the reform of the regime made by the Protection of Freedoms Act 2012.

PLC Employment

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  • Resource ID: 5-210-3956
  • Products:  PLC UK Employment, PLC UK Private Client, PLC UK Public Sector
  • This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.
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