C1C8C3C2C5C6C7 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)

C8

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

C5

Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)

C6

Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

C7

Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

I1I2C4119 Sources of information.

1

Any person who holds records of convictions F11or cautionsF11, cautions or other information for the use of police forces generally shall make those records available to F20the Secretary of StateF20DBSF2for the purposes of an application F3(whether for a certificate or for registration) under this Part.F2for the purpose of enabling F21himF21it to carry out F8his functions under this Part in relation to—

a

any application for a certificate or for registration; or

b

the determination of whether a person should continue to be a registered person.

F8a relevant function

F191ZA

Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

F141A

F23The Secretary of State may require the F22Disclosure and Barring Service to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—

a

any application for a certificate or for registration;

F38aa

the provision of up-date information under section 116A; or

b

the determination of whether a person should continue to be a registered person.

F101B

F26The Secretary of StateF26DBS may require the chief officer of a police force to make available such information as F27heF27it may specify for the purpose of F42determining, in relation to applications under section 113B, whether the police force is a relevant police forceF42deciding whether to make a request to that chief officer under section 113B(4).

2

Where the chief officer of a police force receives a request under section F5113B or 116 F15... he shall comply with it as soon as practicable.

F372A

Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.

F432A

But the chief constable of the Police Service of Scotland may provide information mentioned in section 113B(4) relating to a time when the applicant was under 12 years of age only where—

a

the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the certificate and—

i

no appeal under section 20 of that Act is taken, or

ii

such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or

b

the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the certificate.

F452B

Subsection (2A) (as inserted by section 10(1) of the 2019 Act) applies in relation to the following persons as it applies in relation to the chief constable of the Police Service of Scotland—

a

the chief constable of—

i

a police force in England and Wales;

ii

the Police Service of Northern Ireland;

iii

the Ministry of Defence Police;

iv

the British Transport Police;

v

the Civil Nuclear Constabulary;

b

the Provost Marshal of—

i

the Royal Navy Police;

ii

the Royal Military Police;

iii

the Royal Air Force Police;

c

the Director General of the National Crime Agency.

3

F24The Secretary of StateF24DBS shall pay to the appropriate F12local policing body or police authority, F1... F6such fee as F25heF25the Secretary of State thinks appropriate for information provided in accordance with F4subsection (2)F4section 120A(4) or subsection (2) of this section.

4

Any person who holds records of fingerprints for the use of police forces generally shall make those records available to F29the Secretary of StateF29DBSF2for the purposes of an application under this Part.F2for the purpose of enabling F30himF30it to carry out F31hisF31its functions under this Part in relation to—

a

any application for a certificate or for registration;

F40aa

any application as mentioned in section 116A(4)(a) or (5)(a); or

b

the determination of whether a person should continue to be a registered person.

F184A

DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.

F414A

The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.

5

No proceedings shall lie against F33the Secretary of StateF33DBSF35or the Disclosure and Barring Service by reason of an inaccuracy in the information made available or provided to F34himF34itF36or it in accordance with this section.

F76

For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

7

In the case of such a body the reference in subsection (3) to the appropriate F13local policing body or police authority must be construed as a reference to such body as is prescribed.

F447A

In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.

F98

In this section a relevant function is a function of F28the Secretary of StateF28DBS—

a

under this Part in relation to any application for a certificate or for registration;

F39aa

under this Part in relation to any request under section 116A(1);

b

under this Part in relation to the determination of whether a person should continue to be a registered person;

F16c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F32under paragraph 1, 2, 7 or 8 of Schedule 3 to F17the Safeguarding Vulnerable Groups Act 2006 (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).