FAQs 3

FAQs 41-60

41. I intend to work abroad. What type of Disclosure would I need and would this be valid in a foreign country?

The type of disclosure required is an issue for individual employers, working within the legal framework of their country. You should discuss this issue directly with any prospective employers.

42. I am still waiting for my disclosure, what can I do to chase it up?

Enquiries about progress with applications should be made to AccessNI customer Services.

43. If I have a Criminal Record does this mean I won’t get the post applied for?

Not necessarily. By the time an employer has received a disclosure certificate, they should have made the decision in principle to employ you. Employers should consider any conviction disclosed in terms of its relevancy to the post in question. Unless there is a legislative bar, a conviction should not automatically disqualify you. You should bear in mind that, in some cases (e.g. working in a regulated position), you may be committing an offence by applying for a post.

44. Can I get a copy of my full criminal record without applying for a disclosure?

Yes. You can apply to PSNI for Subject Access under the Data Protection Act. The application form for this can be found at www.psni.police.uk/
The set fee for a subject access application is £10 for any information requested.

45. What is a Registered Body?

A registered body is an organisation which has registered with AccessNI to apply for and receive Standard and Enhanced disclosures.

46. Why is registration necessary?

Registration is the principle means of controlling the flow of information on individuals from Access Northern Ireland.
Registered bodies have a great deal of responsibility in the disclosure process, from confirming the identity of the applicant to protecting and storing the disclosure certificate. The information contained in a disclosure certificate can be highly sensitive, it is therefore hugely important that it is properly protected and that only those with a genuine need have access to it.
ANI must therefore register each organisation seeking to apply for disclosures in order to carry the necessary checks on those organisations and to monitor their activities once they are registered.

47. Volunteers work within my organisation, can I register for free?

All organisations must pay to register. Organisations who wish to apply for AccessNI services, but do not wish to register should approach an umbrella body.

48. What is a Countersignatory?

A countersignatory is an individual within a registered body who has been named as part of the registration process as responsible for handling disclosure applications on behalf of the registered body.
They are the person within a Registered Body who is registered with AccessNI to countersign applications and receive the Disclosure.

49. How many people can I register to countersign disclosure applications and what is the cost for each?

There is no limit on the number of countersignatories that you can register. It costs £10 for each.

50. How do I know what type of disclosure to apply for?

You must make a thorough risk assessment of the post in question and examine the legislative framework to consider whether the post qualifies for a Standard or Enhanced disclosure. You should also take into account any other legislation or regulation which is relevant to the area in which your organisation operates.
A list of positions which qualify for a Standard Disclosure can be found on the Standard Disclosure page.
A list of positions which qualify for a Enhanced Disclosure can be found on the Enhanced Disclosure page.

51. When should I ask an applicant to apply for a disclosure?

When you have completed all of the other stages of the recruitment process: (e.g. interview; scrutiny of references; examination of qualifications) and have decided in principle to appoint the individual, subject to the results of a disclosure. You should have informed the potential employee from the outset that you would be seeking a disclosure.

52. What legislation is relevant?

The legislation that is relevant to the criminal records disclosure process in Northern Ireland is as follows –

- Part V of the Police Act 1997, as amended;
- Regulations, including the Code of Practice, which are made under Part V of the Police Act 1997;
- the Rehabilitation of Offenders (Northern Ireland) Order 1978
- the Rehabilitation of Offenders (Exceptions) Order 1979

53. What will a disclosure give me?

As a registered body, you may apply for either a standard or enhanced Disclosure, details of what each contains are given below.
Standard Disclosure – a copy of a person’s full criminal record, including both spent and unspent convictions. Only organisations registered with AccessNI can apply for this service.
Enhanced Disclosure - a copy of a person’s full criminal history, including: spent and unspent convictions and any other material (sometimes known as ‘soft intelligence’;) considered by the police to be relevant to the position applied for. Only organisations registered with AccessNI can apply for this service.

54. How do I check the identity of a job applicant?

The AccessNI Guidance book and each application form provides details of the identity confirmation required by ANI. Our ID scheme is also available online here. Verifying the identity of a potential employee should be part of any recruitment process.

55. If convictions are disclosed, can I still give the applicant a job?

Unless there is a legislative bar, a conviction should not automatically disqualify anyone. You should consider any conviction disclosed in terms of its relevancy to the post in question. You should bear in mind that, in some cases (e.g. working in a regulated position), the applicant may be committing an offence by applying for the post.

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56. What do I do with a disclosure certificate once I have it?

The Code of Practice and its Guidance document lays out, in some detail, what a Registered Person or Body is required to do as a recipient of disclosure information. For example, as regards the handling of disclosure information, a Registered Person or Body is required to -

- ensure it is not passed to persons who are not authorised to receive it;
- it is made available only to those who need to have access to it in the course of their duties;
- ensure it is kept securely;
- have a written security policy for the handling of disclosure information;
- ensure it is stored in secure conditions; namely, it should be kept in locked, non-portable storage containers. The keys to cabinets or storage units and the storage rooms in which they are contained, should not be freely available within an organisation and access to them should be restricted to relevant staff;
- ensure that once a recruitment decision is taken, it is not retained for longer than is necessary and in general, this should be for a maximum of 6 months. During this time, it should be stored under the same secure conditions as it was before the recruitment decision was made.
- ensure it is destroyed by suitably secure means; namely, by shredding, pulping or burning and it should not be kept in any insecure receptacle whilst awaiting destruction.
- ensure it is not photocopied and that no copy is made of it or kept; and,
- ensure that a record is kept of its date, the name of the applicant, the type of disclosure and the position the applicant applied for.

57. How long should I keep the certificate?

Ensure that once a recruitment decision is taken, it is not retained for longer than is necessary and in general, this should be for a maximum of 6 months. During this time, it should be stored under the same secure conditions as it was before the recruitment decision was made.

58. How long are convictions valid?

There is no formal period of validity for a conviction, however some convictions may be spent under rehabilitation of offenders legislation.

59. Is there a mechanism in place to monitor Registered Bodies?

ANI will monitor Registered Bodies and may undertake inspections from time to time.

60. Can I re-check my staff and if so how often?

Part V does not prohibit seeking further disclosures on staff you have already checked, nor does it prevent retrospective checking. As an organisation, you must decide whether this is required.