Section 113A Criminal record certificatesF1E1F2
England, Wales and Scotland
The application must—
be countersigned by a registered person, and
be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.
But an application for a criminal record certificate need not be countersigned by a registered person if—
the application is transmitted to F7DBS electronically by a registered person who satisfies conditions determined by DBS, and
it is transmitted in accordance with requirements determined by DBS.
A criminal record certificate is a certificate which—
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or
states that there is no such matter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9DBS may treat an application under this section as an application under section 113B if—
in F10its opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
the registered person provides F11it with the statement required by that subsection, and
the applicant consents and pays to DBS the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.
In this section—
“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;“exempted question” means a questionF12which—- (a)
so far as it applies to convictions, is a questionin relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;F13and— - (b)
so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;
- (a)
F14“relevant matter”, in this section as it has effect in England and Wales, means—- (a)
F15any of the following convictions—- (i)
a conviction of an offence within subsection (6D); - (ii)
a conviction in respect of which a custodial sentence or a sentence of service detention was imposed;F16... - (iii)
a current conviction;F17or - (iv)
a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;
- (i)
- (b)
F18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - (c)
a caution given in respect of an offence within subsection (6D)F19where the person was aged 18 or over on the date it was given; - (d)
a current cautionF20; - (e)
a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.
- (a)
The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—
murder;
an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);
an offence under any of sections 126 to 129 of the Mental Health Act 1983;
an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;
an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));
an offence under the following provisions of the Mental Capacity Act 2005—
section 44 (ill-treatment or neglect);
paragraph 4 of Schedule 1 (applications and procedure for registration);
paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);
an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);
an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);
an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;
an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;
an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);
an offence of—
attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or
inciting or aiding, abetting, counselling or procuring the commission of any such offence,
or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;
an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);
any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);
an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).
For the purposes of the definition of “relevant matter” as it has effect in England and Wales—
“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;
“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;
a person’s conviction is a current conviction if—
the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or
the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;
a caution given to a person is a current caution if—
the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, F22...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.
Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.
The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).
The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.
For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—
countersigns the application, or
transmits the application to F25DBS under subsection (2A).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2
- F2
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)
- F3
Words in s. 113A(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(b) (with Pt. 4)
- F4
Words in s. 113A(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)
- F5
S. 113A(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)
- F6
S. 113A(2A) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(2)
- F7
Words in s. 113A(2A) 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(b) (with Pt. 4)
- F8
S. 113A(4) repealed (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(a), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2013/1180, art. 2(a)
- F9
Words in s. 113A(5) 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(b) (with Pt. 4)
- F10
Word in s. 113A(5)(a) 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), 38(a) (with Pt. 4)
- F11
Word in s. 113A(5)(b) 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), 38(b) (with Pt. 4)
- F12
Words in s. 113A(6) inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(3)(a), 153(7); S.I. 2008/3260, art. 2(1)(b)
- F13
Words in s. 113A(6) inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(3)(b), 153(7); S.I. 2008/3260, art. 2(1)(b)
- F14
Words in s. 113A(6) substituted (E.W.) (29.5.2013) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 3
- F15
Words in s. 113A(6) substituted (E.W) (28.11.2020) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(a)(i)
- F16
Word in s. 113A(6) omitted (E.W.) (28.10.2023) by virtue of The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 (S.I. 2023/1153), art. 2(a), reg. 1(1)
- F17
Words in s. 113A(6) inserted (E.W.) (28.10.2023) by The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 (S.I. 2023/1153), art. 2(b), reg. 1(1)
- F18
Words in s. 113A(6) omitted (E.W) (28.11.2020) by virtue of The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(a)(ii)
- F19
Words in s. 113A(6) inserted (E.W.) (28.11.2020) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(a)(iii)
- F20
Words in s. 113A(6) inserted (E.W.) (28.10.2023) by The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 (S.I. 2023/1153), art. 2(c), reg. 1(1)
- F21
S. 113A(6D)-(6F) inserted (E.W.) (29.5.2013) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 4
- F22
S. 113A(6E)(d)(ii) and word omitted (E.W.) (28.11.2020) by virtue of The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(b)
- F23
S. 113A(7)(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch
- F24
S. 113A(9) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(4)
- F25
Words in s. 113A(9) 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(b) (with Pt. 4)
- F26
S. 113A(10) repealed (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 36, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
Modifications
- C1
S. 113A(1) excluded (E.W.) (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regs. 1, 4(1)
- C2
S. 113A(1)(a) modified (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 21(1)
Extent
- E1
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
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)