BACKGROUND TO CRB
Why are there CRB Certificates?
CRB Certificates were brought in so that employers can be told about any criminal record of their employees or prospective employees and so that the public can be protected from potential dangers.
Following the Soham murders, it was realised that people who had been arrested, but never convicted, did not have those details disclosed to employers.
The Law was therefore changed to bring in new Enhanced CRB Certificates for both employees and volunteers working with the young, vulnerable or elderly.
Under that procedure a Chief Police Officer could, in his discretion, disclose other information relevant to the proposed job application.
Improvements to Enhanced Disclosure Procedures
At the end of 2012 a number of changes were made.
Certificates are now sent to the individual rather than the employer allowing you to appeal before your employer sees the Certificate.
Instead of Appealing back to the Police against Enhanced Disclosure, there is now an Independent Appeals Procedure.
Can we help you with other CRB Problems?
From the end of May 2013, certain old Convictions, Cautions and Reprimands will be filtered off Enhanced CRB Certificates and need not be disclosed on job applications.
This will not apply if the offence is on the new List of Serious Offences Never To Filtered Off – mainly relating to Sex, Drugs or Violent offences.
Convictions – if you have only one conviction which is not on the above list, and for which you never received a suspended/prison sentence, then it will be filtered off after 11 years for an adult or 5.5 years if under 18 when convicted.
Cautions – if given to an adult they will be filtered off after 6 years.
Reprimands – given to those under 18 are filtered off after 2 years.
Warnings – are not subject to the Filtering Off procedure.
We can apply to the Police at any time to remove Cautions, Reprimands and Warnings. Please contact us to discuss your prospects.
There is no legal aid for applications to review a CRB Certificate, but you may benefit from legal expenses insurance or by membership of a Union.
If you wish to instruct us privately, we will in every case provide you with a fixed fee for the work involved and agree that in writing with you before any costs are incurred by you.
If the Police refuse to remove a Caution, Reprimand or Warning, you can apply for legal aid for a Judicial Review by the High Court.
Call David on 0161 278 2626
Call Julie on 0161 278 2627
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