Employment Screening and Non-Conviction Information: A Human Rights Perspective

ISBN-13: 9783030287108 / Angielski / Twarda / 2019 / 169 str.

Kevin Bennett; Terry Thomas

Spis treści

Abbreviations

Preface

Chapter One - The Disclosure of Criminal Records to Employers

Introduction

The Early Days

·         The Rehabilitation of Offenders Act 1974

 

The Expansion of the Disclosure System after 1986

 

'On the Record' and the Police Act 1997

 

The Criminal Records Bureau (CRB)

 

The Vetting and Barring Service (VBS)

 

The Coalition Government

 

The Disclosure and Barring Service (DBS)

 

·         The 'filtering' of criminal records

 

Summary

Chapter Two - The Nature of 'Non-conviction Information'?

Introduction

 

'Hard' Information

 

·         The Police National Computer

 

'Soft' Information

 

·         The Police National Database (PND)

 

·         Law Enforcement Data Services (LEDS)

 

Sources of 'Soft' Information

 

·         Safeguarding Children and Young People

 

·         Anti-social Behaviour

 

·         Sex Offenders and other Violent People

 

·         Voluntary Organisations

 

·         Other People known to the Police

 

Summary

 

 

Chapter Three - The Disclosure of 'Non-Conviction Information' to Employers 1986 to 2010

 

Introduction

 

The 1985 Joint Review and Subsequent Circulars

 

Did we need 'non-conviction information'?

 

'On the Record' (1996)

 

The Police Act 1997

 

·         R(X) v Chief Constable of the West Midlands Police ([2005 1 WLR 65; [2004] EWCA Civ 1068)

 

·         The Bichard Inquiry 2004

 

·         Home Office Circular 5/2005

      

The Code of Practice on the Management of Police Information (MOPI)

 

R(L) v Chief Constable of the Metropolis [2009] UKSC 3

Summary  

Chapter Four - The Police Disclosure of 'Non-Conviction Information' to Employers 2010 to the present day

Introduction

 

The Mason Reports (2010-2011)

 

The CRB role in the disclosure of 'non conviction information'

The Protection of Freedoms Act 2012

 

·         The Independent Monitor

 

Young People, Criminal Records and 'non conviction information'

 

A Unilateral Police Decision?

 

The Unemployed Person and Enhanced Disclosure Checks

 

Summary

 

 

Chapter Five - Making the Decision to Disclose 'Non-Conviction Information'

 

Introduction

 

Early Guidance

 

Guidance after the Police Act 1997

 

·         X v Chief Constable of the West Midlands Police

 

·         Home Office Circular 5/2005

 

Serious Organised Crime and Police Act 2005

 

The Protection of Freedoms Act 2012

 

·         Quality Assurance Framework

 

·         Statutory Disclosure Guidance

 

Summary

 

 

Chapter Six - Human Rights

Introduction

 

Background

 

European Convention on Human Rights - Article 6

 

European Convention on Human Rights - Article 8

 

Proportionality

 

Summary

 

Chapter Seven - Conclusions

Introduction

Employers in Receipt of CRB 'non conviction information'

 

'Non conviction information' - A Lack of Justification in the Literature

 

Does the ECRD regime undermine the criminal justice process?

 

The Effects of the Stigma associated with Disclosed Information

 

Recent Developments

O autorze

Terry Thomas was awarded the title of Emeritus Professor at Leeds Beckett University, UK. He was formerly employed as a senior medical social worker at Leeds General Infirmary and senior social worker in a local authority social services department area office. His publications have focused on questions relating to personal information databases and the criminal justice system i.e. criminal records, DNA and fingerprints.

Kevin Bennett is a postgraduate student at the University of Sunderland, UK.

Blurb

This book provides a critical overview of the policy frameworks underpinning the contemporary practices of non-conviction information disclosure during pre-employment ‘screening’. It questions how a man can walk free from a criminal court as an innocent person only to have all the court details of his acquittal passed to any potential employer.Despite several million ‘enhanced’ criminal background checks being performed each year, there has been little discussion of these issues within academic literature. Non-conviction information, also known as 'police intelligence', is a less well-known check provided alongside the criminal record check. This book seeks to define what is meant by non-conviction information and to provide a clear and simple explanation of how this decision making process of police disclosure to employers is made. It also considers the extent to which these practices have been subjected to legal challenges within the UK and explores how public protection is balanced against individual rights.