Glossary of Terms
AccessNI
AccessNI is a criminal history disclosure service established by the Government under PartV of the Police Act 1997. It provides access to criminal history information to individuals and, in certain circumstances, to organisations who are recruiting to sensitive positions. Typically this will involve working with children or vulnerable adults.
Basic Disclosures
A copy of a person’s UNSPENT criminal record.This service is available to individuals who apply for their own record.
Caution
A caution is a formal warning about future conduct given by a senior police officer, usually in a police station after a person has committed an offence. It is used as an alternative to a charge and a possible prosecution. Where there is sufficient evidence for a conviction but it is not considered to be in the public interest to institute criminal proceedings. Cautions have traditionally been used for juvenile and the first time offender.
Care position
A care position is defined by Article 48 of the Protection of Children and Vulnerable Adults (NI) 2003. A ‘Care position’ is one which would enable workers employed inresidential care homes or nursing homes, including workers supplied to such homes by employment agencies and businesses, to have regular contact in the course of their duties with the residents od such homes, and A position that would enable workers employed by domiciliary care agencies, including workers supplied to such agencies by employment agencies and businesses, to provide personal care in their own homes to persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
Conviction
This is the result of an offence tried at court and where the individual was determined guilty.
Countersignatory
This 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.
Code of Practice
Is a document which sets out the standards with which a Registered Person or Body is required to comply. Broadly speaking this covers the use of information provided by AccessNI or the discharge of any function under PartV of the PoliceAct 1997 and any regulations made under it.
Data Protection Act 1998
The NIO, of which AccessNI is a branch, is registered with the Information Commissioner’s Office for the purposes of processing criminal history information including convictions, cautions and other approved information held by the police.
Disclosure Certificate
This is a document issued by AccessNI which shows a person’s criminal history or which states no information can be found.The extent of the information disclosed depends on the level of Disclosure applied for. It is the document issued to the Applicant (and RB in the case of Standard and Enhanced Disclosures) when the AccessNI check has been completed.
Disclosure Certificate Application Form
This is the document which must be completed by the Applicant to enable AccessNI carry out a Disclosure Check.
Dispute
Where an Applicant wishes to challenge the details provided on the Certificate.
Enhanced Disclosure
An individual’s full criminal history including spent and unspent convictions cautions and any other material (sometimes known as soft intelligence) considered by police to be relevant to the position applied for. Only organisations registered with AccessNI can apply for this service.
Exempted Question
An ‘exempted question’ relates to the Standard/Enhanced Disclosure process. Ordinarily due to the Rehabilitation of Offenders (Northern Ireland) Order 1978, an employer is entitled only to request an individual’s unspent record. However, exceptions are made in the Rehabilitation of Offenders (Exceptions) order 1979 which lists the circumstances in which an employer may apply for a Standard/Enhanced Disclosure.An application for a Disclosure in these cases is said to be an ‘Exempted Question’.
Independent Safeguarding Authority
Is an important initiative flowing from the Bichard Programme. Work to build the ISA is being led by the Home Office and DCFS in partnership. It will create a system to continuously monitor those who are working with children and vulnerable adults and will strengthen significantly the protections offered to vulnerable people.
Information Commissioner’s Office
Anyone wishing to become a data controller within the meaning of the Data Protection Act 1998 must be registered with this body.
Lead Signatory
This is the Registered Person within the Registered Body who is ultimately responsible for the management of Disclosure information.
PNC
Police National Computer, is a national database that contains information about criminal records i.e. convictions, cautions, reprimands and warnings.
Portability
Refers to the re-use of a Disclosure Certificate obtained for a position in one organisation and later used for a position in another organisation.
Prescribed Purpose
In the context of AccessNI’s services,‘prescribed purpose’ relates to the Enhanced Disclosure process.The regulations under Part V of the Police Act 1997 set out or ‘prescribe’ the positions which qualify for an Enhanced Disclosure.Therefore, a position which appears in the regulation is said to be a ‘prescribed purpose’ for an application for an Enhanced Disclosure.
Registered Body
A Registered Body (RB) is an organisation which has registered with AccessNI to apply for and receive Standard and Enhanced Disclosures.
Registration Form for Employers
This is the document which must be completed by employers wishing to become a Registered Body.
Regulated Position
A regulated position is defined byArticle 31 of the Protection of Children andVulnerableAdults (Northern Ireland) Order 2003.A position is regulated if it is governed by the provisions of the Protection of Children andYoungAdults (Northern Ireland) Order 2003.This legislation has been developed by the Department of Health, Social Services and Public Safety and an explanation of regulated position can be found here.
Soft Intelligence
Is any information held by the police which does not relate specifically to a conviction but which may be relevant for employers seeking an Enhanced Disclosure on an Applicant to a certain post.
Spent Conviction
A record is spent if it no longer has to be declared under the Rehabilitation of Offenders (Northern Ireland) Order 1978 (RO).The aim behind the RO is to help a person who, in the past, was convicted of a criminal offence but afterwards did not re-offend for a specified period.This period is called the rehabilitation period and it depends on the sentence the person got for the original offence. It starts from the date of conviction and ends after a period which is specified in the RO.The RO provides that if the person does not re-offend during the rehabilitation period, his conviction will be regarded as being spent which means he does not, in most circumstances, have to reveal it or admit its existence. Independent advice on the rehabilitation period is provided by NIACRO.
Standard Disclosures
These are primarily for posts that involve working with children or vulnerable adults. Standard Disclosure Certificates may also be required for people entering certain professions such as members of the legal and accountancy professions.The Standard Disclosure contains details of all convictions held on the police systems including current and spent convictions as well as details of any cautions reprimands or final warnings.
Umbrella Body
An Umbrella Body is an organisation which has registered with AccessNI to make applications for Standard and Enhanced Disclosures on behalf of other organisations or individuals.
