Glossary of Terms - The Disclosure Service Criminal Records Bureau Text Version | Fersiwn Cymraeg Search Site Map Glossary Contact Us Home Glossary Glossary of Terms - The Disclosure Service Glossary of Legal Terms Used in Disclosures Print this page Glossary of TermsA | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z Additional Information Enhanced checks may contain ‘additional’ information. Occasionally the Chief Police Officer may, if thought necessary in the interests of the prevention or detection of crime, release ‘additional’ information to the Countersignatory only, in the form of a separate letter and should not be revealed to the applicant. Application Fee The cost of a CRB check Application Reference Number The specific reference number allocated to each Disclosure application by the CRB. Approved Information Enhanced checks may contain ‘approved’ information. This is non-conviction information provided by the police from their local records. The Chief Police Officer in each force will decide what, if any, information to provide. The CRB will print this information on both the applicant’s and the Countersignatory’s copy. Return to top of page Caution A caution is a formal warning about future conduct given by a senior police officer, usually in a police station, after a person has committed an offence. It is used as an alternative to a charge and possible prosecution. Children The Criminal Justice Court Service Act (CJCSA) defines a child as someone who is under 18 (under 16 if the child is employed). Controlled Activity Controlled activity, which is much more limited in scope, affecting around 500,000 people, is defined as covering the work of: ancillary support workers in FE, NHS and adult social care (e.g. cleaner, caretaker, catering staff, receptionist) which is done frequently and gives the opportunity for contact with children or vulnerable adults people working frequently for specified organisations (e.g. local authorities in the exercise of its education or social services functions) in roles which give them the opportunity for access to sensitive records about children or vulnerable adults barred people can sometimes be employed in controlled activity, providing tough safeguards are in place, such as stringent supervision a person barred as a result of a relevant autobar caution or conviction will not be able to work or volunteer in controlled activity in Wales Countersignatory A person within a Registered Body who is registered with the CRB to countersign applications and receive the Disclosure. Countersignatory reference number The specific reference number allocated to each individual Countersignatory by the CRB. CRB News The monthly customer newsletter produced by the CRB. Criminal Justice and Court Services Act 2000 (CJCSA) The child protection provisions in Part II of the CJCSA 2000 are part of an integrated system for the protection of children. Criminal Record A record of convictions held on the Police National Computer for individuals convicted of crimes. Return to top of page Department for Children, Schools and Families (DCSF) Government department responsible for improving the focus on all aspects of policy affecting children and young people, as part of the governments aim to deliver educational excellence (formerly the Department for Education and Skills). Department of Health (DH) Government department responsible for protecting and improving the nation's health and ensuring that our health and social services are high quality, fast, fair and convenient. Disclosure Information Pack The guidance pack issued to all Countersignatories upon registration with the CRB. Disclosure Scotland This is the equivalent of the Criminal Records Bureau but for Scotland. Return to top of page Enforced Subject Access Under current legislation, individuals can exercise their right to apply for access to information held on them including criminal record information under the 'subject access' provisions of the Data Protection Act 1998. Currently, some employers seek to obtain this information about employees and potential employees by compelling them to exercise their rights under the Data Protection Act. This process is known as 'Enforced Subject Access' and is undesirable because details of all convictions are revealed. Most employers are not entitled to ask for this information under the Rehabilitation of Offenders Act (ROA) 1974. Enhanced CRB Check Also referred to as an Enhanced Disclosure. These are for posts that involve a far greater degree of contact with children or vulnerable adults. In general the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences. This level of check involves an additional level of check to those carried out for the Standard CRB check - a check on local police records. Where local police records contain additional information that may be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced check. Exceptionally, and in a very small number of circumstances (typically to protect the integrity of current police investigations), additional information may be sent under separate cover to the Countersignatory and should not be revealed to the applicant. Enhanced Check See Enhanced CRB Check above. Excepted Professions Positions of trust set out in the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974, where an employer is entitled to ask a candidate to reveal details of all convictions, whether spent or not. Exceptions Order The Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974 sets out those occupations and positions exempt from the provisions of the ROA. These are generally positions of trust, where there is a valid need to see a person's full criminal history in order to assess their suitability for a position. This information is intended as general guidance only. It must not be regarded as a definitive interpretation of the Act. Anyone requesting further guidance should seek legal advice. Exempted Question An exempted question is a valid request for a person to reveal their full criminal history (including spent convictions) and is made possible by virtue of the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974. Ex-Offender A person who has been convicted of a criminal offence and whose crime is now “spent” under the Rehabilitation of Offenders Act (ROA) 1974. Return to top of page Fast Track POCA Important Notice: The Fast Track POCA service was withdrawn on the 1st October 2007. This service was available to those customers within the NHS who were entitled to check the POCA list and who requested a POCA check on the Disclosure application form. It allowed those NHS customers to see the result of the POCA check as soon as possible and before the full Disclosure was received. Return to top of page Information held under Section 142 of the Education Act 2002 This list was previously called ‘List 99’. This list is maintained by the Department for Children, Schools and Families (DCSF) and contains the details of teachers who are considered unsuitable or banned from working with children in education. Interim POCA Check See Fast Track POCA. Return to top of page Lead Countersignatory A senior figure within a Registered Body who has overall responsibility for the use of the CRB checks in their organisation. List 99 See “Information held under Section 142 of the Education Act 2002” Local Police Records Police records, not held on the Police National Computer, containing non-conviction information. Return to top of page Nacro A crime reduction charity, making society safer by finding practical solutions to reducing crime. Since 1966 Nacro has worked to give ex-offenders, disadvantaged people, and deprived communities the help they need to build a better future. Return to top of page POA/Payment on Account The facility for Registered Bodies to pay for their fees by monthly invoice. PoCA List Protection of Children Act List. This is a list, managed by the Department for Children, Schools and Families (DCSF) on behalf of the Department of Health (DH), of people banned from working with children. Police Act 1997 The piece of legislation that brought about the CRB; Part V of which refers specifically to the Disclosure process. Police National Computer (PNC) A national police database that contains information about criminal records i.e. convictions, cautions, reprimands, and warnings. Portability Portability refers to the re-use of a CRB Disclosure, obtained for a position in one organisation and later used for another position in another organisation. The CRB advises that organisations considering accepting an existing Disclosure to carry out a proper risk assessment and consider the guidance provided on this site due to the risks involved. Positions of Trust Roles that involve working with children and other vulnerable groups, that the CRB is dedicated to protecting. POVA List/Protection of Vulnerable Adult List This was a list, managed by the Department for Children, Schools and Families (DCSF) on behalf of the Department of Health (DH), of people banned from working with vulnerable adults. Please note from 12 October 2009 the POVA list has been replaced by the Vulnerable Adults Barred List to reflect changes in legislation. Return to top of page Registered Bodies Organisations that have registered directly with the CRB to use its services. Regularly This term carries its ordinary meaning as used in common parlance. Regularly could be used to describe the duties that a person carries out everyday but not all day; every week but not on every day; every month but only once a month. Regulated Activity Regulated activity is defined as: Activity involving contact with children or vulnerable adults and is of a specified nature (e.g. teaching, training, care, supervision, advice, medical treatment or in certain circumstances transport) on a frequent, intensive and/or overnight basis; Activity involving contact with children or vulnerable adults in a specified place (e.g. schools, care homes etc), frequently or intensively; Fostering and childcare; Certain specified positions of responsibility (e.g. school governor, director of children's services, director of adult social services, trustees of certain charities) These positions are set out in the Safeguarding Vulnerable Groups Act 2006. Rehabilitation of Offenders Act (ROA) 1974 The Rehabilitation of Offenders Act (ROA) 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'. A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention the conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings. Rehabilitation Period A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention the conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings. Reprimand A reprimand has replaced the caution for young people aged under 18. A young person given a second formal warning about future conduct is given a final warning. Return to top of page Spent Conviction The Rehabilitation of Offenders Act (ROA) 1974 sets out to make life easier for many people who were convicted of a criminal offence but who have been conviction-free since. A person convicted of all but the most serious criminal offences and who receives a sentence less than 2.5 years in prison, benefits from the Act if they are not convicted again during a specified period. This is called the rehabilitation period. In general terms, the more severe a penalty is, the longer the rehabilitation period. Once a rehabilitation period has expired and no further offending has taken place, a conviction is considered to be 'spent'. Once a conviction has been spent, the convicted person does not have to reveal it or admit its existence in most circumstances, including when applying for a job. In most circumstances, an employer cannot refuse to employ someone, nor dismiss them, on the basis of a spent conviction. There are some exceptions to the general principle that spent convictions do not have to be declared. When assessing the suitability of a person for a position of trust, an employer is entitled to ask a candidate to reveal details of all convictions, whether spent or not. This is, in part, to ensure that children and other vulnerable groups are adequately protected from those in positions of authority over them. These positions of trust, or excepted professions, are set out in the ROA Exceptions Order. Standard CRB Check Standard CRB checks are for people entering certain professions, such as members of the legal and accountancy professions. Standard checks contain the following: Convictions, Cautions, Reprimands and Warnings held in England and Wales on the Police National Computer, the most of the relevant convictions in Scotland and Northern Ireland may also be included; Standard checks no longer include a check of the old or new barred lists from 12 October 2009, therefore if you are working or volunteering with children or vulnerable adults, you may now be entitled to an Enhanced CRB check Standard Check See Standard CRB check. Subject Access Under current legislation, individuals can exercise their right to apply for access to information held on them including criminal record information under the 'subject access' provisions of the Data Protection Act 1998. Return to top of page Umbrella Body An Umbrella Body is a Registered Body that provides access to the CRB to other non-registered organisations. Unspent Conviction A conviction is described as unspent if the rehabilitation period associated with it has not yet lapsed. A rehabilitation period is a set length of time from the date of conviction, according to the sentence imposed. Return to top of page Volunteer The CRB defines a volunteer to be ‘a person who performs any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives’. Vulnerable Adults A vulnerable adult is a person who is aged 18 years or older and: is living in residential accommodation, such as a care home or a residential special school; is living in sheltered housing; is receiving domiciliary care in his or her own home; is receiving any form of health care; is detained in a prison, remand centre, young offender institution, secure training centre or attendance centre or under the powers of the Immigration and Asylum Act 1999; is in contact with probation services; is receiving a welfare service of a description to be prescribed in regulations; is receiving a service or participating in an activity which is specifically targeted at people with age-related needs, disabilities or prescribed physical or mental health conditions or expectant or nursing mothers living in residential care (age-related needs includes needs associated with frailty, illness, disability or mental capacity); is receiving direct payments from a local authority/HSS body in lieu of social care services; requires assistance in the conduct of his or her own affairs. Working with children The definition of this term is in two parts: a) a child care position within the meaning of the Protection of Children Act. The Criminal Justice and Court Services Act (CJCSA) 2000 replaces the original definition in the Protection of Children Act with 'regulated position' for the purposes of Part II of the 2000 Act. Within the 2000 Act, section 36 sets out what the regulated positions are for the purposes of Part II of the Act; or b) a position in which employment or further employment is prohibited or restricted by regulations made under section 142 of the Education Act 2004. Return to top of page Return to top of page | Return to previous page See also: About CRB Resource library Frequently Asked Questions: FAQs Related Documents: Please note the following links will open in a new browser window Code of Practice (pdf 1mb) CRB Business plan (pdf 716) Get Adobe Reader To find out more about accessible PDFs visit: Access Adobe If you cannot read PDF format files, you can use Adobe Access Online Conversion Tools to get a text version. Last updated: 05.07.10 | Accessibility | Freedom of Information | Data Protection | Links© Crown Copyright. All rights reserved. All trademarks acknowledged.Home Office