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crimnal records
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how do i look up an individuals criminal record
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Individuals can get hold of a copy of their own police record by applying to their local police HQ (and paying a �10 fee).
Employers can get hold of an applicant's criminal record only if:
(a) the employment involves close contact with children or vulnerable adults; and
(b) the applicant signs to give his permission.
Otherwise, criminal records are covered by data protection legislation and aren't available to anyone except the police, courts and security services.
Even the police have to be careful about which records they access. Every time the database is accessed, the request for information is logged. Random audits are carried out and the officer who requested the information has to show that he had a legitimate reason for accessing it. On one occasion, a police officer was found to have accessed the database to check up on his daughter's new boyfriend. He was sacked, prosecuted and sent to prison.
Chris
Individuals can get hold of a copy of their own police record by applying to their local police HQ (and paying a �10 fee).
Employers can get hold of an applicant's criminal record only if:
(a) the employment involves close contact with children or vulnerable adults; and
(b) the applicant signs to give his permission.
Otherwise, criminal records are covered by data protection legislation and aren't available to anyone except the police, courts and security services.
Even the police have to be careful about which records they access. Every time the database is accessed, the request for information is logged. Random audits are carried out and the officer who requested the information has to show that he had a legitimate reason for accessing it. On one occasion, a police officer was found to have accessed the database to check up on his daughter's new boyfriend. He was sacked, prosecuted and sent to prison.
Chris
-- answer removed --
In addition to Buenchico's answer, Social Services can obtain the police record from the police if there is a Section 47 Investigation Children Act 89 being undertaken. Local authority's duty to investigate.
47.�(1) Where a local authority�
(a) are informed that a child who lives, or is found, in their area�
(i) is the subject of an emergency protection order; or
(ii) is in police protection; or
(b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,
the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare.
Checking on someone's criminal record is part of the enquires that are made.
This does not require the permission of the person being checked.
47.�(1) Where a local authority�
(a) are informed that a child who lives, or is found, in their area�
(i) is the subject of an emergency protection order; or
(ii) is in police protection; or
(b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,
the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare.
Checking on someone's criminal record is part of the enquires that are made.
This does not require the permission of the person being checked.
There are quite a few circumstances under which it is possible to access the personal data of individuals (see section 4, Exemptions http://www.opsi.gov.uk/ACTS/acts1998/19980029. htm), HOWEVER, the basic (and quite correct) presumption of the Data Protection Act is that personal data should be accessible to the individual only.
So, the long and the short of it is that it is highly unlikely that you will be able to see the criminal record of an individual, unless you can prove that you require the information for one of the purposes outlined in the Act. Typically, organisations that might need to request such info have established Information Sharing Protocols that provide a structured way to access the data that leaves a clear audit trail.
So, the long and the short of it is that it is highly unlikely that you will be able to see the criminal record of an individual, unless you can prove that you require the information for one of the purposes outlined in the Act. Typically, organisations that might need to request such info have established Information Sharing Protocols that provide a structured way to access the data that leaves a clear audit trail.
Disclosure Scotland and the English CRB do provide disclosures to the individual. If they are required for employment they go to both. You also need to provide your previous 5 years of addresses for CRB england and 10 years for Disclosure Scotland. However the English one picked up things from before I was 16 which were acquitted of me at a childrens panel hearing and admonished. I was surprised to learn that they were still on file in another country when they didn't even show up in my own, sneaky b4st4rds!