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Section 112 Criminal conviction certificates.I1I2I3F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F2The Secretary of State DBS shall issue a criminal conviction certificate to any individual who—

(a)

makes an application F3...,

(F4aa)

is aged 16 or over at the time of making the application, and

(b)

pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)

A criminal conviction certificate is a certificate which—

(a)

gives the prescribed details of every conviction F5or conditional caution of the applicant which is recorded in central records, or

(b)

states that there F6is no such conviction are no such convictions and conditional cautions.

(3)

In this section—

  • “central records” means such records of convictions F7and conditional cautions held for the use of police forces generally as may be prescribed;

  • F8“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.

  • “conviction” means a conviction within the meaning of the M1Rehabilitation of Offenders Act 1974, other than a spent conviction.

(4)

Where an applicant has received a criminal conviction certificate, F9the Secretary of State DBS may refuse to issue another certificate to that applicant during such period as may be prescribed.

Annotations

Textual amendments

F1

Pt. 5 repealed (S.) (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 3 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (with regs. 4, 5, 7-10)

F2

Words in s. 112(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(a) (with Pt. 4)

F3

Words in s. 112(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(2), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)

F4

S. 112(1)(aa) inserted (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F5

Words in s. 112(2)(a) inserted (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 84(a), 120 (with s. 97); S.I. 2012/2234, art. 2(v)

F6

Words in s. 112(2)(b) substituted (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 84(b), 120 (with s. 97); S.I. 2012/2234, art. 2(v)

F7

Words in s. 112 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(2)(a), 153(7); S.I. 2008/3260, art. 2(1)(b)

F8

Words in s. 112 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(2)(b), 153(7); S.I. 2008/3260, art. 2(1)(b)

F9

Words in s. 112(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(a) (with Pt. 4)

Marginal citations

M1

1974 c. 53.

Commencement

I1

S. 112 not in force at Royal Assent, see s. 135(1)

I2

S. 112 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(a)

I3

S. 112 in force at 10.3.2014 for E.W. by S.I. 2014/237, art. 2

Notes on Part V

Modifications

C1

Pt. 5: power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)

C2

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

C3

Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)

C4

Pt. 5 extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

C5

Pt. 5 extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)