Abstract
The disclosure of police held ‘non conviction information’ on Enhanced certificates is now undertaken by the police in accordance with a statutory test for relevance and an assessment of ‘proportionality’ in accordance with the European Convention on Human Rights. It is the Chief Officer’s responsibility to decide what intelligence is relevant and ought to be disclosed. The police do not decide what convictions and cautions are disclosed. In situations where an applicant disputes the relevancy of police ‘non conviction information’ disclosed on a certificate, then there is a separate process for appealing the police decision through the Independent Monitor, created by the Protection of Freedoms Act 2012. The disclosure of convictions and cautions is not subject to that appeal route.
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Thomas, T., Bennett, K. (2019). The Police Disclosure of Non-conviction Information to Employers (2010–to the Present Day). In: Employment Screening and Non-Conviction Information. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-030-28711-5_4
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