Explanatory note

This Order amends the definition of “relevant matter” as it has effect in England and Wales in section 113A of the Police Act 1997 (c. 50). A relevant matter is a matter which, if it is recorded in central records, must be disclosed by the Disclosure and Barring Service in response to an application for a criminal record certificate or an enhanced criminal record certificate.

The Order removes youth cautions from the scope of the definition of relevant matter so that they will no longer be subject to mandatory disclosure in criminal records certificates. These changes also apply to youth warnings and reprimands which are treated the same as youth cautions.

The Order also removes the “multiple conviction rule” from the definition. The multiple conviction rule provides that where a person has more than one conviction, all their convictions (regardless of their nature) must be disclosed. As a result of these changes, the fact that a person has more than one conviction will no longer mean that all of their convictions will be automatically disclosed on criminal records certificates.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.