---

Criminal Records Bureau

Answer

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 sets out those occupations and positions exempt from the provisions of the Rehabilitation of Offenders Act 1974 (the Act). This provides that persons employing individuals in those occupations and positions are exempt from the provisions of the Act and may therefore ask an individual to reveal details of all convictions, both ‘spent' and ‘unspent', under what is termed as an ‘exempted question'.The positions generally involve work with children and vulnerable adults, work involving the administration of justice and other employment of sufficient sensitivity to warrant a higher than normal level of criminal disclosure on public protection grounds. The Exceptions Order is updated periodically, ensuring that it reflects changes in risk to employers and the public.The Criminal Records Bureau operates under the Police Act 1997. This provides that when applying for one of the two higher level Disclosures, Standard and Enhanced, an application must be accompanied by a statement from a registered person that the Disclosure is required for the purpose of asking an ‘exempted question'. Accordingly release of conviction information by the criminal Records Bureau is fully consistent with the Rehabilitation of Offenders Act 1974.

Secondary information

Type

Written question

Reference

442 c199-200W;442 c199-200W; 46017

Session

2005-06

Subjects

Disclosure of information Criminal records Convictions Criminal Records Bureau

Legislation

Rehabilitation of Offenders Act 1974

Link

View this Written question on www.publications.parliament.uk