Levels of Disclosure
There are three types or levels of Disclosure available from Disclosure Scotland
(Please note that all pieces of legislation and any other source materials quoted below are located on the Publications Page or via the highlighted links where available).
Application forms and further information on the Disclosure process can be obtained by contacting us.
The lowest level, the Basic Disclosure (termed as a “criminal conviction certificate” in Part V of The Police Act 1997 – the “1997 Act)” is available to anyone for any purpose subject to confirmation of identity of the applicant and payment of the appropriate fee. The Basic Disclosure will contain details of convictions held in central police records which are unspent according to the Rehabilitation of Offenders Act 1974 (the “1974 Act”) or will state that there are no such convictions. Only one copy is issued, normally to the applicant, and will not be provided directly to employers or prospective employers (unless by prior agreement with Disclosure Scotland and where the employer/prospective employer has obtained appropriate prior written consent from the applicant).
You can apply for a Basic Disclosure online via BDO or on the paper application form available from Disclosure Scotland.
The intermediate level is the Standard Disclosure (termed as a “criminal record certificate” in Part V of 1997 Act) and is available for positions excluded or excepted from the effects of the 1974 Act by Orders made under that Act (the main exclusions and exceptions Order is the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)(Scotland) Order 2003 – the “2003 Order”, although this has been amended). The Disclosure contains details of both spent and unspent convictions and any cautions (cautions from England, Wales and Northern Ireland) held on central records or it will indicate that there are no such matters held on central records. The Standard Disclosure is available on payment of the appropriate fee to individuals whose application is countersigned by a person whose name is included in the register held by Scottish Ministers under section 120 of the 1997 Act. In addition to the applicant, Disclosure Scotland will send a copy of the Disclosure to the person who countersigned the application.
Examples of those who are eligible for this level of check are:
- people involved in the administration of law (this is a general term – the specific professions, offices, employments and occupations are detailed in the various exclusions and exceptions Orders to the 1974 Act);
- people applying for firearms and explosives licences; and
- senior management in banking and financial services (again, this is a generalisation – this principally relates to a question asked in order to assess the suitability of an individual in relation to a status outlined in Column 1 of Part 2, Schedule 2 (Financial Services) of the 2003 Order but can also include positions such as accountants and actuaries
The Enhanced Disclosure (termed as an “enhanced criminal record certificate” in Part V of 1997 Act) is available when an exempted question is being asked for a prescribed purpose as set out for certain circumstances specified in regulations 9 to 12 of the Police Act 1997 Criminal Record (Scotland) Regulations 2006 – the “2006 Regulations”, although this has been amended. These are mainly posts working with children or adults at risk and those involving certain statutory registration, certification and licensing requirements. It is also available for a number of Crown and judicial appointments under different sections of Part V of the 1997 Act. As with the Standard Disclosure, the Enhanced Disclosure is available, on payment of the appropriate fee, to individuals whose application is countersigned by a person whose name is included in the register held by Scottish Ministers under section 120 of the 1997 Act, and a copy of the Disclosure will be sent to the applicant and the Countersignatory.
Areas where Enhanced Disclosures are available include:
- people who are appointed to a child care position as defined by the Protection of Children (Scotland) Act 2003, as amended by the Protection of Children (Scotland) Act 2003 (Amendment of the Definition of Child Care Position) Order 2008;
- people who have contact with adults at risk as specified in regulation 10(2) of the 2006 Regulations (in this regard, in addition to the individual requiring to have “contact” with an adult at risk, the contact has to be done when carrying out or delivering a service which is specified in section 2(1) of the Regulation of Care (Scotland) Act 2001 – the 2001 Act);
- applicants for various gaming and lottery licences;
- applicants for registration for child minding, day care and to act as foster parents or carers;
- applicants for registration as a care service provider, social service worker or social worker in terms of the 2001 Act.
The Enhanced Disclosure contains details of both spent and unspent convictions and any cautions (cautions from England, Wales and Northern Ireland) held on central records or it will indicate that there are no such matters held on central records.
In addition to these details, the Enhanced Disclosure may also show any information held on local police records considered by the Chief Constable or Chief Officer to be relevant to the position being sought and which can be disclosed without harming the interests of the prevention or detection of crime. It is entirely up to the Chief Constable or Chief Officer to decide what information is disclosed, if any, in these circumstances.
In respect of an Enhanced Disclosure, the Chief Constable or Chief Officer may also disclose information to the Countersignatory only, that is, information which will not form part of the actual Disclosure. Such information will be sent separately to the Countersignatory and will be withheld from the subject of the Disclosure (that is, the individual applicant) in the interests of the prevention or detection of crime.
For the purposes of section 113C(1)(b)* of the 1997 Act, details of an applicant’s inclusion on the children’s lists covered in section 113C(3) and which are prescribed in regulation 13 of the 2006 Regulations will be detailed on an Enhanced Disclosure. In this respect, the Enhanced Disclosure will detail whether the subject is either provisionally or fully listed and on which list(s).
For the purposes of section 113D(1)(b)** of the 1997 Act, the details of an applicant’s inclusion on the adults’ lists covered in section 113D(3) and which are prescribed in regulation 14 of the 2006 Regulations will be detailed on an Enhanced Disclosure. In this respect, the Enhanced Disclosure will detail whether the subject is either provisionally or fully listed and on which list(s).
* Section 163(2) of the Serious Organised Crime and Police Act 2005 inserted section 113C into the 1997 Act
** Section 163(2) of the Serious Organised Crime and Police Act 2005 inserted section 113D into the 1997 Act
Disclosure Scotland is one of three official criminal record disclosure services within the UK; the other two are the Criminal Records Bureau (CRB) which provides a service for England & Wales with Disclosures at Standard and Enhanced levels, and AccessNI which provides a service for Northern Ireland with Disclosures at Basic, Standard and Enhanced levels.
(Please note that all pieces of legislation and any other source materials quoted above are located on the Publications Page or via the highlighted links where available).
