If ever someone wanted to disguise a possible injustice on top of another injustice then the criminal justice arrestee is precisely that.
This terminology is meant to catch those unfortunate enough to have been the subject of a malicious complaint or perhaps just wrong identification. Not only have you had to undergo the ignomony of an arrest and incarceration in police cells but after the police realise that you did not commit the crime being investigated they keep you on the police national computer as a ‘criminal justice arrestee’. The police will keep this detail as an event history relating to you. As this is kept on the Police National Computer it is difficult to regard it as anything but a criminal record.
This is the type of information that should not be released on a Standard DBS disclosure but when it comes to an Enhanced DBS disclosure this can include any intelligence information that a chief officer of police reasonably believes to be relevant to the application. This is a very wide definition and it might be unusual for a chief officer to decide that a false allegation of eg rape, indecent assault, possession of drugs or some form of dishonesty will not be relevant for very many of the jobs listed on the Exceptions Order.
Fortunately when a certificate is issued by the DBS the document should be supplied to you and not the employer and you will therefore have the opportunity to consider the content and object if necessary. There are routes to follow in the event that you wish to query a DBS disclosure. We are well placed to assist with such problems.
If asked the police are likely to tell you not to worry as the information would not be given out even on an enhanced certificate. However, errors do occur with data and you cannot be 100% sure that a mistake will not be make in your case. The police will probably go so far as to tell you that in fact no use will be made of the information but if that were the case you would have to wonder what the (policing) purpose is for retention and is this in breach of the Data Protection Act. The police guidance (written by the police) tells them they can keep this detail and they rely on their own chief officers guidance to tell you that retention is lawful. They do not understand the circularity of their reasoning or the lack of logic.
If you are unsure how you are affected by this issue you may contact us for advice on a fixed fee basis. We can confirm that fee when we know the likely amount of paperwork involved.
Contact Dennis Clarke or email our team using the address below.