The Home Office has today (26 March 2013) started the legislative process, subject to agreement by Parliament, so that some old and minor cautions and convictions will no longer be disclosed on a Disclosure and Barring Service (DBS) certificate (formerly CRB).

This is in response to the Court of Appeal judgment in January which stated that the disclosure of all cautions and convictions on a DBS Certificate was a breach of Article 8 of the Convention for Human Rights.

The Home Office have put the following ‘filtering rules’ before parliament for consideration:

For adults at the time of the offence:

  • An adult conviction will be removed from a criminal record certificate if:

(i) 11 years have elapsed since the date of conviction
(ii) it is the person’s only offence and
(iii) it did not result in a custodial sentence.

The conviction will only be removed if it does not appear on the list of specified offences. If a person has more than one offence, then details of all their convictions will always be included.

  • An adult caution will be removed after 6 years have elapsed since the date of the caution butonly if it does not appear on the list of specified offences.

 

For those under 18 at the time of the offence:

  • A conviction received as a young person would become eligible for filtering after 5.5 years – unless it is on the list of specified offences, a custodial sentence was received or the individual has more than one conviction.
  • A caution given to a young person will not be disclosed if 2 years have elapsed since the date of issue – but only if it does not appear on the list of specified offences.

 

These changes will not come into force until after the legislation has been passed by Parliament, so DBS certificates will continue to show all convictions and cautions for the time being.

See Home Office website for details