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An Exploration of the Historical Background of Criminal Record Checking in the United Kingdom: From the Eighteenth to the Twenty-First Century

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Abstract

Potentially preventable crimes resulting from failures in criminal record checking and recording emerged as problematic in the eighteenth century and have continued up until the present day. Ranging from child abuse to murders, reports suggest that if criminal records had been evident, in some cases unlawful acts may have been prohibited. The historical background to the emergence of criminal record collection and checking in the United Kingdom (UK) is analysed from the mid-eighteenth century. This time period is chosen because it marks a pivotal change in the treatment of criminals, crimes and the start of the policing system in the United Kingdom. As a result of growing societal concerns over public safety and changes in the legal system, the approach in which criminal records have been utilised in employment decision-making has evolved most rapidly in the late twentieth and early twenty-first centuries. The recording, storing and sharing of criminal record information has received most attention only in the past decade. Developments in recruitment-vetting procedures for the protection of vulnerable persons have only emerged in the last 50 years to manage such crimes in the United Kingdom. In 2002 the Criminal Records Bureau (CRB) was established in the United Kingdom to ensure safer recruitment decisions could be made in society. However, the question remains whether or not these practices have been and are effective.

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Notes

  1. A notable English magistrate and social reformer of the eighteenth century. The younger half-brother of Henry Fielding, appointed Henry’s personal assistant in 1750, in administering justice in London (Battestin 2000).

  2. The Bow Street Runners were a group of men who were paid to keep order, detect and prevent crimes in and around the vicinity of Bow Street (the London area) and may be considered as one of the first forms of police officers in the UK (Hirschel et al. 2007).

  3. Both employers and managers of paid and unpaid (volunteer) employees.

  4. Established the principles that shaped modern English policing

  5. Both the Metropolitan Police Act 1829 and the County and Borough Police Act 1856 established police forces outside of the London district (Hirschel et al. 2007).

  6. The enhanced disclosure will be discussed in greater detail later on in this chapter

  7. The Protection of Vulnerable Adults list, Protection of Childrens Act list and Information held under Section 142 of the Education Act 2002, discussed in greater detail later on in this chapter

  8. Renamed the Department for Children, Schools and Families

  9. The penalty of death for the commission of a crime

  10. Transportation was a form of punishment devised in England to exile convicted criminals overseas (American Colonies and Australia)

  11. Established in the early twentieth century at Scotland Yard, records of offenders fingerprints, accessible to all police forces (Thomas 2005).

  12. A national police database that contains information about criminal records including; convictions, cautions, reprimands, and warnings (CRB 2008a)

  13. Everybody’s Business

  14. United Kingdom’s government department responsible for leading the national effort to protect the public

  15. ROA 1974 (Exceptions) (Amendment) Order 1986

  16. An offence is considered ‘spent’ when; a person has been convicted of all but the most serious criminal offences and receives a sentence less than 2.5 years in prison, if they are not convicted again during a specified period called the rehabilitation period, a conviction is considered to be ‘spent’ (CRB 2008b).

  17. 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 (CRB 2008b).

  18. Discussed in greater detail later on in this chapter

  19. The individual claiming privacy and freedom from interference from the state and its officials

  20. Discussed in greater detail later on in this chapter

  21. Voluntary Organisations Consultancy Service was established as a system to complement existing statutory procedures to run criminal records checks on unpaid staff that would have substantial access to children.

  22. Proposed legislation by the Home Office

  23. Previously called ‘List 99’, 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 under section 142 of the Education Act, 2002 (CRB 2008c)

  24. The national police force for the railways providing a policing service to rail operators, their staff and passengers throughout England, Wales and Scotland (British Transport Police 2008).

  25. Operated by the British Army Royal Military Police and includes; the Police National Computer Operations, the CRIMES system and the REDCAP system.

  26. Provides policing services to the whole of the Defence community, both Military and Civilian

  27. The ISA was launched on 12th October 2009

  28. ‘Regulated activity’ is when the activity is ‘frequent’ (once a month or more) or ‘intensive’ (takes place on three or more days in a 30-day period).

  29. See http://www.homeoffice.gov.uk/publications/crime/criminal-records-review-phase1/ for phase one recommendations http://www.homeoffice.gov.uk/publications/crime/criminal-records-review-phase2, for phase two recommendations

  30. See DoH (2000) Health Service Circular 2000/019

References

  • Aldridge, M. (1994). Making social work news. London: Routledge.

    Google Scholar 

  • Bartrip, P. W. J. (1981). Public opinion and law enforcement: The ticket of leave scares in mid-Victorian Britain. In V. Bailey (Ed.), Policing and punishment in nineteenth-century Britain. London: Croom Helm.

    Google Scholar 

  • Battestin, M. C. (2000). A Henry Fielding companion. Westport: Greenwood.

    Google Scholar 

  • Beattie, J. M. (1986). Crime and the courts in England, 1660–1800. Oxford: Clarendon.

    Google Scholar 

  • Bentley, D. J. (1998). English criminal justice in the nineteenth century. London: Hambledon.

    Google Scholar 

  • Bichard, M. (2004). The Bichard inquiry report. London: The Stationery Office.

    Google Scholar 

  • Bland, L. (1995). Banishing the beast: English feminism and sexual morality 1885–1914. London: Penguin.

    Google Scholar 

  • Bottoms, A. E. (1995). The philosophy and politics of punishment and sentencing. In R. Morgan & C. Clarkson (Eds.), The politics of sentencing reform. Oxford: Clarendon.

    Google Scholar 

  • Bottoms, A. E., & Stevenson, S. (1992). What went wrong? Criminal justice policy in England and Wales 1947–1970. In D. Downes (Ed.), Unravelling criminal justice. Basingstoke: Macmillan.

    Google Scholar 

  • British Transport Police. (2008). British Transport Police. [Online]. Available from: http://www.btp.police.uk/. [Accessed: 20th June 2008].

  • Cavadino, M., & Dignan, J. (2002). The penal system: An introduction (3rd edn.). London: Sage.

    Google Scholar 

  • Criminal Records Bureau. (2008a). Levels of CRB Check. [Online]. October 2009. Available from: http://www.crb.homeoffice.gov.uk/guidance/applicants_guidance/levels_of_crb_check.aspx [Accessed: 30th September 2006].

  • Criminal Records Bureau. (2008b). CRB Service at a Glance. [Online]. October 2009. Available from: http://www.crb.homeoffice.gov.uk/about_crb/crb_service_at_a_glance.aspx [Accessed: 30th September 2006].

  • Criminal Records Bureau. (2008c). What information is available through a CRB Check? [Online]. October 2009. Available from: http://www.crb.homeoffice.gov.uk/guidance/applicants_guidance/what_information_is_available.aspx [Accessed: 2nd October 2006].

  • Criminal Records Bureau. (2008d). Glossary of Terms. [Online]. October 2009. Available from: http://www.crb.homeoffice.gov.uk/glossary/glossary_of_terms_-_disclosure.aspx#S [Accessed : 14th October 2006].

  • Criminal Records Bureau. (2008e). General Information. [Online]. Available from: http://www.crb.homeoffice.gov.uk/using_the_website/general_information.aspx. [Accessed: 3rd July 2008].

  • Critchley, T. A. (1978). A history of police in England and Wales. London: Constable.

    Google Scholar 

  • Department for Education. (2011) Vetting and barring scheme. [Online]. December 2011. Available from: http://www.education.gov.uk/childrenandyoungpeople/safeguarding/safeguardingchildren/a0075385/vetting-and-barring-scheme. [Accessed: 8th December 2011].

  • Department for Education & Skills. (2005a). Child protection: Procedures for barring or restricting people working with children in education. [Online]. Available from: http://www.teachernet.gov.uk/docbank/index.cfm?id=4778 [Accessed: 27th October 2006].

  • Department for Education & Skills. (2005b). The Protection of Children Act 1999: A practical guide to the act for all organisations working with children. London: Department for Education and Skills.

    Google Scholar 

  • Department of Health. (2000). Appointment procedures for hospital and community medical and dental staff. (Circular HSC 2000/019).

  • Department of Health. (2004). The Government’s response to the recommendations and conclusions of The Health Select Committee's Inquiry into Elder Abuse. London: The Department of Health.

    Google Scholar 

  • Department of Health. (2006). Protection of Vulnerable Adults (POVA) scheme in England and Wales for care homes and domiciliary care agencies: a practical guide. London: Department of Health.

    Google Scholar 

  • Department of Health and Social Security, Home office, Welsh Office. (1988). Protection of children: Disclosure of criminal background of those with access to children. (Circular HC(88)9, 1988).

  • Emsley, C. (1987). Crime and society in England, 1750–1900. London: Longman.

    Google Scholar 

  • Emsley, C. (1991). The english police. A political and social history. Hemel Hempstead: Harvester Wheatsheaf.

    Google Scholar 

  • Fielding, H. (1975). The Covent Garden Journal, Saturday 25 January. No. 7.

  • Fletcher, D. R. (2003). Employers, recruitment and offenders: underlining the limits of work-focused welfare? Policy and Politics, 31(4), 497–510.

    Article  Google Scholar 

  • Gelsthorpe, L., & Morgan, R. (2007). Handbook of probation. Devon: Willan.

    Google Scholar 

  • Gladfelder, H. (2001). Criminality and narrative in eighteenth-century England: Beyond the law. London: Johns Hopkins University Press.

    Google Scholar 

  • Great Britain. (1829). Metropolitan Police Act 1829: George IV. Chapter 44. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1835). Municipal Corporation Act 1835: William IV. Chapter 76. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1853). Penal Servitude Act 1853: Victoria. Chapter 99. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1856). County and Borough Police Act 1856: Victoria. Chapter 69. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1864). Penal Servitude Act 1864: Victoria. Chapter 47. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1869). Habitual Criminals Act 1869: Victoria. Chapter 99. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1885). Criminal Law Amendment Act 1885: Victoria. Chapter 69. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1974). Rehabilitation of Offenders Act 1974: Elizabeth II. Chapter 53. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1997). Police Act 1997: Elizabeth II. Chapter 50. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (1999). Protection of Children Act 1999: Elizabeth II. Chapter 14. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (2000a). Care Standards Act 2000: Elizabeth II. Chapter 14. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (2000b). Criminal Justices and Court Services Act 2000: Elizabeth II. Chapter 43. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (2002). Education Act 2002: Elizabeth II. Chapter 32. London: The Stationary Office.

    Google Scholar 

  • Great Britain. (2006). Safeguarding Vulnerable Groups Act 2006: Elizabeth II. Chapter 47. London: The Stationary Office.

    Google Scholar 

  • Grier, A., & Thomas, T. (2001). The employment of ex-offenders and the UK’s new criminal record bureau. European Journal on Criminal Policy and Research, 9(1), 459–469.

    Article  Google Scholar 

  • Hansard, T. C. (1857). House of Commons Parliamentary Debates, Vol.144, cols. 2211–2 (12 March 1857). London.

  • Hansard, T. C. (1985). House of Commons Parliamentary Debates, Vol.76, cols. 244–5 (27 March 1985). London.

  • Hirschel, J. D., Wakefield, W., & Sasse, S. (2007). Criminal justice in England and the United States, criminal justice illuminated (2nd ed.). Boston: Jones & Bartlett.

    Google Scholar 

  • Home Office. (1986). Police reports of convictions and related information (Circular 45/1986).

  • Home Office. (1990). Criminal records, the government reply to the third report from the Home Affairs Committee (session 1989–90, Cm 1163). London: The Stationary Office.

    Google Scholar 

  • Home Office. (1994). Protection of Children: Disclosure of Criminal Background to Voluntary Sector Organisations (Circular 42/1994).

  • Home Office. (1996). On the record (session 1996, Cm 3308). London: The Stationary Office.

    Google Scholar 

  • Home Office. (2006). Restricted, South and South West Region: Care industry problem profile. [Online]. Available from: http://extras.timesonline.co.uk/carehomes.pdf. [Accessed: 27th June 2007].

  • Home Office. (2011a). Vetting and barring scheme. [Online]. December 2011. Available from: http://www.homeoffice.gov.uk/crime/vetting-barring-scheme. [Accessed: 8th December 2011].

  • Home Office. (2011b). Criminal records regime scaled back to common sense levels. [Online]. December 2011. Available from: http://www.homeoffice.gov.uk/media-centre/press-releases/Criminal-records-regime. [Accessed: 6th December 2011].

  • Home Office, Department of Health and Social Security. (1985). Disclosure of criminal convictions of those with access to children: First report (7). London: Home Office.

    Google Scholar 

  • Home Office, Department of Education and Science, Department of Health and Social Security, Welsh Office. (1986). Protection of children: Disclosure of criminal background of those with Access to Children (Circular HOC(86)44, 1986).

  • Home Office, Department of Education and Science, Department of Health and Welsh Office, (1993). Protection of children: Disclosure of criminal background of those with access to children (Circular HOC (47) 93, 1993).

  • Hussein, S., Manthorpe, J., & Stevens, M. (2008). People in places: a qualitative exploration of recruitment agencies’ perspectives on the employment of international social workers in the UK. British Journal of Social Work [Online]. June 2009. Available from: http://bjsw.oxfordjournals.org/cgi/content/abstract/bcn131v1 [Accessed 30th June 2009].

  • Independent Safeguarding Authority. (2008). Legislation. [Online]. Available from: http://www.isagov.org.uk/default.aspx?page=321 [Accessed: 12th November 2008].

  • Independent Safeguarding Authority. (2009). Will I still need to get a Criminal Records Bureau (CRB) Enhanced Disclosure or can I rely on the new vetting service? [Online]. Available from: http://www.isa-gov.org/default.aspx?page=327 [Accessed: 27th June 2009].

  • Joyce, P. (2006). Criminal justice: An introduction to crime and the criminal justice system. Cullompton: Willan.

    Google Scholar 

  • Linebaugh, P. (1991). The London hanged: Crime and civil society in the eighteenth century. London: Penguin.

    Google Scholar 

  • McGowen, R. (1995). The well-ordered prison: England 1780-1865. In N. Morris & D. J. Rotherman (Eds.), The Oxford history of the prison: The practice of punishment in Western Society. Oxford: Oxford University Press.

    Google Scholar 

  • McMullan, J. L. (1998). Policing reform and moral discourse: the genesis of a modern institution. Policing: An International Journal of Police Strategies & Management, 21(1), 137–158.

    Article  Google Scholar 

  • Metzner, P. (1998). Crescendo of the Virtuoso: Spectacle, skill, and self-promotion in Paris during the age of revolution. Studies in the history of society and culture. Berkeley: University of California Press.

    Google Scholar 

  • Mulholland, K. (2002). Gender, emotional labour and teamworking in a call centre. Personnel Review, 31(3), 283–303.

    Article  Google Scholar 

  • Palliser, D. M., Clark, P., & Daunton, M. (2001). The Cambridge urban history of Britain: 600–1540. London: Cambridge University Press.

    Google Scholar 

  • Palmer, S. H. (1988). Police and protest in England and Ireland 1780–1850. Cambridge: Cambridge University Press.

    Google Scholar 

  • Polnay, J. (2001). Child protection in primary care. Abingdon: Radcliffe.

    Google Scholar 

  • Rehabilitation of Offenders Act (Exceptions) (Amendment No. 2) Order 1986. (SI 1986/2268).

  • Rickards, G. K. (1869). The Statutes of the United Kingdom of Great Britain and Ireland [1807–1868/69] (1807). London: His Majesty’s statute and law printers.

    Google Scholar 

  • Shoemaker, R. B. (2004). The London mob, violence and disorder in eighteenth-century. London: Continuum International Publishing Group Ltd.

    Google Scholar 

  • Styles, J. (1983) Sir John fielding and the problems of criminal investigation in eighteenth Century England. Transactions of the Royal Historical Society, 5th ser, 33:127–149.

  • Styles, J. (1989). Print and policing crime advertising in eighteenth-century provincial England. In D. Hay & F. Snyder (Eds.), Policing and prosecution in Britain (pp. 1750–1850). Oxford: Clarendon.

    Google Scholar 

  • Suff, R. (2005). Checking out the activities of the criminal records bureau. IRS Employment Review, 483(1), 42–48.

    Google Scholar 

  • The Guardian. (2009). Labour plan to name and shame local offenders. [Online]. February 2009. Available from: http://www.guardian.co.uk/politics/2009/feb/25/labour-plan-to-name-offenders. [Accessed: 16th January 2012].

  • Thomas, T. (2002). Employment screening and criminal records bureau. Industrial Law Journal, 31(1), 57–70.

    Article  Google Scholar 

  • Thomas, T. (2005). Sex crime: Sex offending and society. Crime and society series (2nd ed.). Plymouth: Willan.

    Google Scholar 

  • Times Online. (2008a). Care home workers go unchecked, police warn: Concern over thousands of migrant staff. [Online]. June 2008. Available from: http://www.timesonline.co.uk/tol/news/uk/health/article4046333.ece?&EMC-Bltn=IPXE29. [Accessed: 16th September 2008].

  • Walkowitz, J. R. (1982). Prostitution and Victorian society: Women, class, and the state. Cambridge: Cambridge University Press.

    Google Scholar 

  • Walkowitz, J. R. (1992). City of dreadful delight: Narratives of sexual danger in late Victorian London. London: Virago.

    Google Scholar 

  • Wiener, M. J. (1994). Reconstructing the criminal: Culture, law, and policy in England, 1830–1914. London: Cambridge University Press.

    Google Scholar 

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  1. Centre for Ageing and Mental Health, Staffordshire University, BL167 Blackheath Lane, Stafford, ST18 0AD, UK

    Nageen Mustafa, Paul Kingston & Derek Beeston

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  1. Nageen Mustafa
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  2. Paul Kingston
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Correspondence to Nageen Mustafa.

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Mustafa, N., Kingston, P. & Beeston, D. An Exploration of the Historical Background of Criminal Record Checking in the United Kingdom: From the Eighteenth to the Twenty-First Century. Eur J Crim Policy Res 19, 15–30 (2013). https://doi.org/10.1007/s10610-012-9174-2

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