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Guidance on Criminal Record Bureau Checks
 
If you are an applicant for a personal licence, you will need to provide a criminal record certificate or search as part of your application. Regulation SI 2005/41 Article 7(1)(b) of the Licensing Act 2003 gives applicants three options on how to provide this (although the first is currently unavailable). The three options are:

CRIMINAL RECORD CERTIFICATES

How do I get it ?

What will it show ?

How much does it cost and how long will it take ?

1 A Criminal Record Certificate issued under section 112 of the Police Act 1997.

This service is not currently available from the CRB (*) . This record is a BASIC level disclosure.

It is expected the applicant will be able to request this direct from the CRB (*) by phone or on-line.

Once available, this level of disclosure will show all convictions held at a national level that are not ‘spent’ as defined under the terms of the Rehabilitation of Offenders Act 1974.

Unknown at this time.

2 A Criminal Record Certificate issued under section 113 of the Police Act 1997.

This service is available from the CRB (*) This record is a STANDARD level disclosure.

The applicant will need to get a Registered Body + to provide this service for them.

This level of disclosure contains details of all convictions, ‘spent’ and ‘unspent’. It will also show details of any reprimands, cautions or warnings.

Currently the CRB charge £28 for this service. (£29 after 1.4.05)

Your local Council or Registered Body may charge you an additional fee for processing your form.

Takes 3-4 weeks to obtain.

3 The results of a subject access search under the Data Protection Act 1998 of the Police National Computer by the National Identification Service

This service is available from your local Police station. You will need to obtain and complete the relevant request and provide required documentation.

You should contact your local Police station for advice about subject access checks.

This is dependent on the type of request you make.

You should ensure that your request will show full details of any unspent convictions.

Your local Police station will confirm this (estimated at £10 - £20).

Takes up to 40 days to obtain.

Form 1091A can be downloaded from www.suffolk.police.uk

Go to FAQs subject access


* CRIMINAL RECORDS BUREAU, PO Box 110, Liverpool L3 6ZZ (Tel: 0870 9090811) www.crb.gov.uk   

ª REGISTERED BODY is an organisation registered with the CRB to authorise disclosure requests. The forms are available direct from the Registered Body and you will need to provide primary Identification documents, proof of address etc. to them. They will authorise and submit your request. Your employer may be able to help you obtain this, or your local Council may be able to provide this service for you. You should contact them directly or else seek your own legal advice.


Important Notes

Only relevant offences, or foreign offences, will be considered in the determination of your application.

Whichever certificate or search you provide as part of your application must have been issued within one calendar month of the submission date of your application for a personal licence, otherwise your application will be rejected and you will have to start again. Regulation SI 2005/41 7(1)(b) refers.

In addition to providing the criminal records certificate or search, you must provide a separate declaration with your application (the relevant form for you to complete is headed Schedule 3 Regulation 7(1)(c) ).


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