Explanatory note

These Regulations, which come into force on 6th December 2010, amend the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010.

Regulation 2 amends the definition of “relevant police force” for the purposes of enhanced criminal records certificates issued under the Police Act 1997.

This means that when an application for an enhanced criminal record certificate is made, the Secretary of State must send the details of the application to the police force for the area in which the applicant currently resides in two situations. The first is when there is conviction or caution information held on the applicant and the second is when the position for which the certificate was applied will be primarily carried out in the applicant’s home. In cases in which any police force holds other (non conviction or caution) information, the Secretary of State must send the details of the application to the police force holding that information. This replaces the previous address-based system of sending the details of the application to every force in whose area the applicant had resided for the previous five years irrespective of whether any information was held in relation to the applicant by any police force.