Explanatory note

These regulations amend the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 (“the 2008 Regulations”).

The 2008 regulations make provision for a series of prescribed details to be set out in relation to (basic disclosures) (regulation 5), relevant matters (regulation 6) and central records (regulation7).

Regulation 2 amends the prescribed details for a basic disclosure. It provides that AccessNI will provide details of the convicting court only where this is available on central records.

Regulation 3 makes two changes to the prescribed details for relevant matters. Regulation 3(a) makes a similar change as that set out by regulation 2 in that AccessNI will provide details of the convicting court only where this is available on central records. Regulation 3(b) adds the prescribed details to be provided where information about either a diversionary youth conference or an informed warning is contained within an enhanced criminal records certificate.

Regulation 4 substitutes the current regulation 7. Regulation 7(1) sets out that AccessNI will disclose convictions from the Police National Computer (PNC) in respect of basic disclosures. Regulation 7(2) sets out that AccessNI will disclose convictions cautions, restorative cautions, diversionary youth conferences and informed warnings from the PNC in respect of standard and enhanced disclosures on individuals in Northern Ireland. Regulation 7(3) enables AccessNI to disclose details of information held in the database of the Northern Ireland criminal record system (Causeway) on any type of disclosure if this information is not held in PNC.

These regulations come into operation on 1st April 2015.