e CRB

[felix]

Anyone any experience of delays in issuance of enhanced CRB disclosures for people who have been arrested for rape but who were then NFA or "decision not to proceed"?

My wife and I are due to be working at a children's camp this summer. Her eCRB came back 14 days ago but mine has not appeared. I have already disclosed what might appear on the form to the organisers.

Does anyone know exactly the wording which might appear?

Thx

[Faith]

Mine took ages to come through. And, forward warning, the wording was very biased and unpleasant. It is purely up to the OIC what will be disclosed.

[felix]

This is vv important, Faith. I had been told they were only allowed to record the Offence (i.e. SOA Section whatever) and the result - i.e. NFA, Decision not to proceed. Are you telling me different????

[Faith]

I will PM you would they have put on mine...

[felix]

Thank you so much. The detail seems to me to contravene "innocent until proved guilty". Why is there not strong protest about the police putting something on an eCRB when you have no right to defend yourself?

[felix]

http://www.homeoffice.gov.uk/agencie...n-information/

Hilighting mine

Non-conviction information

Main Content

A CRB certificate may contain non-conviction information which is provided by the police from their local records

In addition to disclosing details of any convictions, cautions, reprimands and warnings held on the Police National Computer (PNC) that an applicant may have, enhanced CRB checks may also contain ‘approved’ information. This is non-conviction information provided by the police from their local records.

How the decision to release information is made

The Chief Police Officer in each force will decide what, if any, information to provide considering if it is relevant, reasonable and proportionate. The decision to release this information depends on the relevance of the information to the specific position applied for.

If employers wish to use a previously-issued CRB certificate it should not be assumed that no further intelligence exists simply because it has not been disclosed on a particular CRB certificate.

Further information about the portability of CRB checks can be found on the Business Link website.

Will an applicant be able to see the information before it is released?

When the Chief Officer of a police force is considering releasing non-conviction information about an applicant, there may be certain circumstances when the applicant will be given opportunity to make their case for not releasing the information.

This is only applicable in the following circumstances:
where the information may be regarded as false, unreliable or out of date
where the outcome is not known
where the applicant is unaware of the information held by the police and has never had opportunity to challenge it

If an applicant is entitled to make a case for not releasing the information, they will be contacted separately by the police before their CRB check is completed. Applicants cannot apply to make representations unless they are contacted by the police.
If an applicant chooses to make representations to the Chief Officer, the information they provide will be considered and could result in the information not being released as part of the CRB check.

[felix]

I really do fear we are living in a police state where personal freedoms are chucked out the window

[lawlessone2009]

I really do fear we are living in a police state where personal freedoms are chucked out the window

It's a sad fact that we do and have done for many years now. It has gotten to the stage it is at just now over a very long period of time with very subtle changes. It is now at the point where the 'state' feels that they can begin rail-roading through drastic changes but the public are beginning to flinch and challenge them. The state's answer seems to be that 'it's needed due to x,y,z' (generally terrorism or such like). Obviously with anything of a sexual nature the 'state' likes to create images of children being abused and women being brutally raped by gangs of men with venom dripping from their mouths.

There are other sides to it with ever so subtle indicators there.

Freedom comes with responsibility....................

Freedom is something you earn................


All bull. You never know what genuine freedom is unless you experience it and children today will most likely believe freedom is being allowed to simply walk down the street where as decades ago it was something completely different.


The Police and their masters, the government, like to control everyone and everything. We can all be controlled in a variety of ways, it's just ensuring that ALL the controls are in place to catch ALL the people. You need to condition your mind to see through what is happening just now and it is not easy. The state will end up referring to you as mentally ill or a conspiracy theorist or some sort of 'branding' to make sure people think you are a weirdo. If all else fails they will accuse you of a crime which you didn't commit in order to ensure that you are incapable of being taken seriously by fellow man. I can't think of a sicker crime to be falsely accused off than one of a sexual nature.

[felix]

This from a barrister on another site:
If there is an entry then it should be written up in a way that reveals that this was investigated and found to be baseless. If it is not then that is a simple DPA challenge. You can complain to the Chief Constable as he is the data controller and under an obligation to keep information accurately. Failing that you can complain to the Information Commissioner.

He goes on to suggest that anything else is costly and likely to fail...

[Rights Fighter]

Are you sure this was a barrister or is it somebody saying they are a barrister? We had somebody on here a few years back who claimed to be an ex copper; solicitor; trainee barrister; and a barrister - he seemed to forget what he was every tie time he logged in......

[felix]

Site was Ask and he purported to be a barrister and someone else paid for the answer he gave.... Is the advice wrong?

[Rights Fighter]

OH ok. I am always suspicious of people giving 'legal advice' when they are not entitled to - I have never forgotten the guy who used to be on here (this forum used to have another name then) and he misled many people.

One of my guys had his name cleared at appeal (it succeeded on evidence not on a technicality) and his partner found the allegation, his conviction, and the fact the appeal succeeded (but no information to say the allegations were baseless) on her ECRB check.

The guy who advised you may well be a barrister but it is possible this is not his field. When I saw the word 'baseless' on your post it made me wonder whether this person knew exactly what he was talking about. Faith's ECRB check does not state the allegation was baseless - merely that he was NFA'd.

[lawlessone2009]

One of my guys had his name cleared at appeal (it succeeded on evidence not on a technicality) and his partner found the allegation, his conviction, and the fact the appeal succeeded (but no information to say the allegations were baseless) on her ECRB check.

Oh my god! What chance do us mere mortals have when the idiots in charge of us manage to do something as stupid as that...

Let me guess.... Guilty by association?

[Rights Fighter]

Not all acquitted on appeal are innocent although our man was. Plus some people are drawn to 'bad men' so could be a threat to their own children.