There are three levels of CRB disclosure termed Basic Disclosure, Standard Disclosure and Enhanced Disclosure.  Often it is unclear as to what type of disclosure is relevant for a given employment so we aim to provide some more clarity here. 

CRB Basic Disclosure

The Basic level of disclosure provides details of any “unspent” criminal offences.  Under the Rehabilitation of Offenders Act 1974 anyone who has been convicted of a criminal offence will (depending on the punishment awarded) have the right to what is effectively a “fresh start”, thus after a certain period of time an offence becomes “spent” and is no longer disclosed.  The period before an offence is “spent” will vary according to the severity, here are some examples (for those aged 18 of over at time of conviction):

• Imprisonment of more than 2.5 years.  The offence is never spent.
• Imprisonment of 2.5 years or less, but more than 6 months.  The offence is spent after 10 years.
• Imprisonment of 6 months or less.  The offence is spent after 7 years.
• Fines and/or community sentence.  The offence is spent after 5 years.
• Conditional caution.  The offence is spent after 3 months.

At an interview a candidate does not have to disclose any offence that is considered “spent” unless their employment is for a role defined by the Exceptions Order [ Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 ] that may specify such disclosure (see Standard and Enhanced CRB Disclosure). 

Standard CRB Disclosure

The Standard level of disclosure provides details of both spent and unspent offences.  The disclosure at this level can be made for specific roles of employment as provided for in Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.  The roles cover the following examples (this is not an exclusive list):

Law – Barristers, Solicitors, Police Officers, Judicial appointments.

Healthcare – Nurses, Chartered Psychologists, Dentists, and Pharmaceutical Chemists.

Finance – Chartered Accountants, Directors / Controllers of insurance companies, Mortgage Advisers

Other – Firearms dealers, Veterinary Surgeons, RSPCA members involved in the humane killing of animals. 

Enhanced CRB Disclosure

The Enhanced level of disclosure will, in addition to the Standard level of disclosure, include additional checks of local police force data and other databases considered relevant to the role of employment.

The Enhanced level of disclosure is designed for those who have regular contact with children or vulnerable adults.  Such employment would include Teachers, Scout or Girl Guide Leaders.  The Enhanced level of disclosure is also relevant for certain roles involving gaming and lottery licences.

Summary

As an employer it is necessary to respect the level of CRB disclosure and to be aware of what information an employee or prospective employee is required to disclose.  For example an employment questionnaire may ask for the candidate to list any criminal offences, however if the candidate’s offence is considered spent and the role does not have a regulatory requirement for disclosure, the candidate can answer “no” to this question.

If there is any doubt as to the level of CRB disclosure required for a given role of employment then advice should be sought from the relevant regulatory body or legal services company.