Dear All,
I am trying understand whether a CRB check or an enhanced CRB check give the police power to request information so that they can fulfil their obligations under the Police Act 1997<http://www.legislation.gov.uk/ukpga/1997/50/contents>. This deals with CRB checks<http://en.wikipedia.org/wiki/Criminal_Records_Bureau>.
I am particularly interested because of the number of high court cases<http://www.bailii.org/ew/cases/EWHC/Admin/2012/2996.html> and the European Court of Human Rights case mentioned below that refer to information that would be contained (and disclosed) on a CRB and an enhanced CRB check.
As I understand the Police Act 1997, which covers the creation of the CRB system, the Police make the check on their systems. In the enhanced check they may look for “soft intelligence” on their systems, which covers things such as warnings, cautions, or allegations.
Does the legislation require sharing with the police? By that I mean can the police request information from a council so that they, the police, can fulfil their responsibilities under the Police Act 1997?
As I understand the Police Act 1997, reading through the Section V, this relates to records held on the police systems. I cannot see reference to a wider power to obtain information from other organisations nor does it require sharing.
What would be the power to request such information from a council? Is there legislation that allows a request to be made for “soft intelligence” to a council? For example, if the police need to verify the information on their systems as suggested was the case that they did not do in http://www.bailii.org/ew/cases/EWHC/Admin/2012/2996.html as described in the UK Human Rights Blog on the Adult Care case
http://ukhumanrightsblog.com/2012/10/30/working-with-the-elderly-and-infirm-a-delicate-balance-of-rights/
In regard to the Sarah’s law sharing, there can be an assessment of whether the person is of interest or is known, but that is a different issue than a CRB check. In that Sarah’s law sharing, there is the opportunity and a forum (the MAPPA)<http://www.justice.gov.uk/downloads/offenders/mappa/mappa-guidance-2012-part1.pdf> to make such information known and shared. http://www.homeoffice.gov.uk/publications/crime/disclosure-scheme-guidance/ (To put it differently, but directly, a person who is going to be considered under Sarah’s law is never going to get CRB clearance).
In sum, does the CRB checks either standard or enhanced require or authorise the sharing of personal information or the request of personal information by the Police from a council or a third party? My reading is that it does not, but I wanted to check the understanding of others on the list. If it does, does anyone know the legislation requiring it?
Thanks
Lawrence
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bob Wyllie
Sent: 13 November 2012 12:51
To: [log in to unmask]
Subject: [data-protection] ECtHR decision today on UK criminal records
The fourth section of the European Court of Human Rights has handed down judgment in MM v United Kingdom:
"...the Court is not satisfied that there were, and are, sufficient safeguards in the system for retention and disclosure of criminal record data to ensure that data relating to the applicant’s private life have not been, and will not be, disclosed in violation of her right to respect for her private life. The retention and disclosure of the applicant’s caution data accordingly cannot be regarded as being in accordance with the law. There has therefore been a violation of Article 8 of the Convention in the present case. This conclusion obviates the need for the Court to determine whether the interference was “necessary in a democratic society” for one of the aims enumerated therein." (para. 207)
The judgment is available at:
http://www.bailii.org/eu/cases/ECHR/2012/1906.html
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