theForum

Difference between Police Certificate, DBS check, SAR & Court Records for visas (and employment)


https://forum.unlock.org.uk/Topic32307.aspx

By BenFeb - 23 Feb 22 6:43 AM

Hey all, I have some questions about the above. I've summarised what I know below:

ACRO Police Certificate:
https://www.acro.police.uk/Police-Certificates-Online

What is needed:
  1. Proof of address
  2. Recent passport photo
  3. Colour copies of passports
  4. Any other relevant documents
  5. Valid email address
  6. Addresses for the past 10 years
  7. Endorser's details
  8. UK NINO and driving license numbers if relevant
  9. £55 for standard service, £95 for premium service

What it says:
  1. For those of us with a criminal record that has been stepped down, "No live trace". This will certainly trigger more questions.
When it is needed
  1. Specifically for visa applications
Questions
If we have a criminal record (spent or not) is there any point getting a Police Certificate? Should we just go straight for the Court Papers (below) or a DBS check?



DBS Check
https://www.gov.uk/request-copy-criminal-record
What is needed
  1. Addresses for the last 5 years
  2. NINO number
  3. Passport
  4. Driving licence
  5. £23

What it says:
Basic check: Unspent convictions and conditional cautions
Standard check: Spent and unspent convictions, cautions, reprimands and final warnings
Enhanced check: Standard check + any information held by police that's considered relevant to the role
Enhanced check with barred lists.

When it is needed:
It states for finding work.

Questions:
  1. Could a basic check for a spent conviction be used to say you have no active criminal record?
  2. How can "qualifying" organisations ask for a DBS check for someone else?
  3. What information does a "qualifying" organisation need to do a DBS check on someone else?
  4. Can a DBS check be done on someone without their knowledge or consent?
  5. How does an organisation become a "qualifying" organisation?

Subject Access Request from the Police
https://www.acro.police.uk/Subject-access

What is needed
  1. One proof of identity
  2. Addresses for the past 10 years
  3. No charge
Questions:
    1. What information is provided in a SAR?
    2. Is the subject necessarily informed that a SAR is being done against them?
    3. For more "official" bodies - such as foreign embassies or border agents, can they ask for a SAR without the subject's consent or knowledge, and with just a copy of their ID?


Court Papers
Questions:
  1. For those of us with a criminal record, are court papers really the best and most authoritative source of the story?
  2. Presumably because Court Papers make some attempt at giving both sides of the story whereas the police's records on someone would state fact as far as convictions are concerned, but also unproven allegations/suspicions in their Police Intelligence
  3. One problem I can see is that Court Papers do not say you are not a wanted person or under active investigation, which may also be the primary concern of visa issuing authorities, or employers.

Thank you for any illumination you can provide on this subject.
By AB2014 - 24 Feb 22 10:46 AM

BenFeb - 23 Feb 22 4:04 PM
@dedalus - Court records (i.e. transcripts) I got by paying for it from an official transcript service.
@AB2014 - Do the Embassies ask for a Police Certificate that is up to date? So for example if I get a certificate now, then spent time outside the UK for a couple of years, then applied for a visa from a country that needed a police certificate....can I rely on the old certificate + an equivalent statement of no criminal record from the police at my present country?
@JASB - Indeed the Judge's sentencing remarks are important if they are helpful.

Like any criminal record check, the older the document, the less reliable it is, as it is just a snapshot of how things were when it was processed. So, I suppose an embassy or high commission would expect a police certificate to be dated around the time of the application. I wouldn't expect them to be OK with one that is a few years old. After all, convictions received outside your home country are routinely communicated to that country, so an up-to-date police certificate should reflect that.