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Glossary of DBS related terms

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Glossary of DBS related terms

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A

Absolute Discharge – Absolute discharge is a legal term used when a court finds an offender guilty of the offence charged but decides that no further action is necessary beyond the finding of guilt. This verdict may be rendered due to factors such as the triviality of the offence, the circumstances of its prosecution, or considerations regarding the offender.

AccessNI – AccessNI is the equivalent organisation to the Disclosure and Barring Service (DBS) in Northern Ireland. It provides access to information about criminal convictions and other police records to assist employers in making informed decisions when recruiting staff.

Acquit – Acquittal occurs when a judge or jury finds the accused not guilty at the conclusion of a criminal trial. This verdict indicates that the prosecution has not proven the defendant’s guilt beyond a reasonable doubt.

Adult – In the legal context, an adult is an individual treated by the law as no longer being a minor. In England and Wales, an individual attains adulthood upon reaching the age of 18, while in Scotland, adulthood is attained at age 16.

Amberhill Check – The Amberhill Check refers to a database maintained by the Metropolitan Police Service, focusing on fraudulent identity documents. This database serves as a resource for identifying and preventing identity fraud, particularly in law enforcement and related fields.

Assault – Assault is defined as an unlawful attack on someone, which can include physical violence, threats, or intimidation. It encompasses not only physical attacks but also verbal threats or acts that create fear of harm in the victim.

B

Bail: Bail refers to the release of a defendant from custody until their next court appearance, often subject to certain conditions (or the provision of some form of security).

Basic Disclosure: Basic disclosure is a process for obtaining information about unspent convictions, cautions, reprimands, and final warnings. It is not specific to employment and can be applied for by individuals, employers, or the self-employed. Although not mandatory, employers in England and Wales may request a basic disclosure using services provided by Disclosure Scotland. The DBS is considering offering this service from 2017.

Battery: Battery involves the deliberate use of unlawful force on another person, which can range from touching or pushing to more severe physical violence.

Bind Over: A bind over is an order requiring an individual to keep the peace for a specified period, as determined by a court. Failure to comply with this order may result in penalties or forfeits being imposed on the individual.

Biometric Chip: A biometric chip is an embedded electronic microprocessor chip containing biometric information used to authenticate the passport holder’s identity. In the UK, biometric passports contain a microchip storing facial biometric data, including a digitised image of the holder’s photograph and facial features. This chip also stores encrypted biographical information printed on the passport, which can only be read by special biometric passport readers (eReaders).

Breach: Breach refers to a person failing to fulfill the requirements of a court order or the conditions of a post-release license.

C

Caution: A caution is a formal warning issued by a senior police officer at a police station after a person has admitted to committing an offence. It serves as an alternative to charging and prosecuting individuals, typically used for juvenile or first-time offenses. There are two types of caution:

Simple caution: Used for less serious crimes to divert offenders away from court appearances and reduce the likelihood of reoffending.
Conditional caution: Requires offenders to comply with specific conditions to avoid prosecution, often involving rehabilitation or repairing any damage caused, along with possible financial compensation.

Charge: A charge is a formal accusation against a person alleging that they have committed a criminal offence.

Child: Under the Criminal Justice Court Service Act 2003, a child is defined as someone under the age of 18, or under the age of 16 if employed.

Committal: There are three types of committal:

Committal for trial: The procedure used by magistrates to direct a case to the crown court for trial.
Committal for sentence: When magistrates consider an offense justifies a sentence beyond their powers, they may commit the defendant to the crown court for sentencing.
Committal order: An order issued by the crown court imposing a prison sentence.

Concurrent Sentence: A direction by the court that multiple sentences of imprisonment should run at the same time.

Conditional Discharge: A disposition where no further action is taken against an offender unless they commit another offence within a specified period, usually no more than three years.

Consecutive Sentence: An order for a subsequent sentence of imprisonment to commence immediately after a previous sentence expires, with no restriction on the number of consecutive sentences.

Conviction: The outcome of a criminal prosecution that establishes the accused’s guilt of the charged crime, whether through a guilty plea or a court verdict.

Counterfeit: A complete reproduction intended to resemble an officially issued document.

Counter-signatory: A person within a registered body authorised to countersign disclosure application forms for the Disclosure and Barring Service (DBS). They must be at least 18 years old by law.

Criminal Record: A record of convictions held on the Police National Computer (PNC) for individuals convicted of crimes, including details of convictions, cautions, reprimands, and final warnings in England, Wales, Scotland, and Northern Ireland. The DBS reserves the right to add new data sources.

D

Damages: Damages refer to an amount of money claimed as compensation for physical or material loss, such as personal injury or breach of contract.

Data Protection Act 1998: The Data Protection Act 1998 regulates the use of information about individuals, setting specific requirements for individuals or organisations collecting, storing, or sharing such information under certain circumstances. It also provides safeguards for sensitive personal data, including information on ethnic or racial origin, political opinions, religious beliefs, physical or mental health, and criminal records.

As of March 10, 2015, section 56 of the Act was fully implemented to prevent misuse of Subject Access Requests (SARs). It is now unlawful for employers to require prospective or existing employees to obtain copies of their criminal records directly from the police, probation service, or courts using their subject access rights. Employers in England and Wales must obtain such information through a standard or enhanced disclosure from the DBS or a basic disclosure from Disclosure Scotland. Employers found in breach of Section 56 may face prosecution by the Information Commissioner’s Office (ICO).

Defendant: A defendant is a person standing trial or appearing for sentencing in a court of law.

Disclosure & Barring Service (DBS): The DBS is an agency formed by merging the services of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA). It provides access to information about criminal convictions and other police records to help employers make informed decisions when recruiting staff across England and Wales. The DBS also manages referrals concerning individuals who may have caused harm or pose a risk to vulnerable groups. Individuals listed on barred lists are committing a criminal offense if they attempt to work or engage in regulated activities with the relevant groups.

Disclosure Certificate: A disclosure certificate is the document issued to the applicant when a DBS check has been completed.

Disclosure and Barring Service Check: Also known as a DBS check, this is the process by which a registered or umbrella body obtains a DBS disclosure certificate.

DBS Update Service: This service provided by the DBS allows individuals subscribed to it to keep their DBS certificates up to date online. More information can be found in the guidance for employers on the use of the DBS update service available on the NHS Employers website.

Disclosure Scotland: Disclosure Scotland is the equivalent organization to the DBS in Scotland, providing basic disclosure services to employers in England and Wales.

Dismissal: Dismissal refers to the order or decision to cease a case.

Document Verification: Document verification indicates that uploaded ID documents have been verified.

Driving Endorsements: Driving endorsements are penalty points given for motoring offenses, typically not relevant for employers in the NHS unless directly pertinent to the position being applied for, such as roles involving transporting patients.

E

Eligibility: Eligibility refers to the process of establishing the level of criminal record check that can be conducted.

Enforced Subject Access: See entry for Data Protection Act.

Enhanced DBS Check: Also known as an enhanced disclosure, these are for posts involving a higher degree of contact with vulnerable groups, including children. This level of check includes an additional check on local police records, with the possibility of including additional information relevant to the post if found in those records.

eVisa: An eVisa, or electronic visa, is a digital or biometric version of a traditional visa stored electronically instead of being stamped or attached to a physical passport. It can serve as evidence of Right to Work, Right to Rent, or general immigration status and is accessed via a share code.

Exceptions Order: The Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974 lists occupations and professions exempt from the Act’s provisions, typically positions of trust requiring access to a person’s full criminal history to assess suitability.

Excepted Professions: These are positions set out in the Exceptions Order to the ROA 1974, where an employer is entitled to ask a candidate to reveal details of all convictions, cautions, reprimands, and final warnings not protected by DBS filtering rules.

Exempted Question: An exempted question is a valid request for a person to reveal their full criminal history, excluding protected cautions or convictions, permitted under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

Ex-offender: An ex-offender is a person who has been convicted of a criminal offense and whose crime is now spent (deemed old) under the Rehabilitation of Offenders Act (ROA) 1974.

F

False Accounting: False accounting involves providing misleading or deceptive information to cause loss to another party, or the alteration, concealment, or falsification of information related to a financial account.

Filtering: Filtering rules, enacted in May 2013, allow certain cautions and convictions to become protected or filtered when they meet specific criteria. While protected or filtered cautions and convictions remain recorded on the Police National Computer (PNC), they are never disclosed as part of a standard or enhanced disclosure certificate. Individuals are not legally obligated to declare such information when applying for work or volunteering roles, and employers must not consider it in their recruitment processes. Further details about filtering can be found in appendix four of the criminal record check standard on the NHS Employers website.

Final Warning: A final warning is a formal verbal warning given by a police officer to a young person who admits guilt for a first or second offense. Unlike a reprimand, a final warning includes an assessment of the causes of the offending behavior and identifies a program of activities to address them.

Fines: Fines are the most commonly used penalty for less serious offenses. They cannot be used in conjunction with an absolute or conditional discharge, probation, or community punishment order. When a juvenile offender is ordered to pay a fine, damages, compensation, or costs, the court may involve a parent or guardian.

Fixed Penalty Notice (FPN) / Penalty Notice for Disorder (PND): FPNs/PNDs were introduced to address low-level, antisocial, and nuisance offending without requiring a court hearing. Recipients must either pay the stated amount or request a court hearing within 21 days of issue. Payment does not imply guilt and removes liability for the conviction and a criminal conviction record.

Forgery: Forgery involves unlawfully altering a genuine document in some manner.

G

GP45 (Good Practice Guide 45): GP45 is the government standard for identity verification, issued by UK Government Digital Services. It provides guidance on proving and verifying identity against various confidence levels. GP45 profiles, designated by letters, indicate the level of confidence required for different types of DBS checks.

GP45 Profile: The GP45 profile specifies the level of confidence achieved in the Digital ID check. Profiles beginning with “M” represent a medium level of confidence, while those beginning with “H” indicate a high level of confidence. TrustID completes a five-part identity verification process to confirm the applicant’s identity, requiring evidence of claimed identity, verification of evidence authenticity, verification of identity over time, assessment of identity fraud risk, and confirmation of identity ownership.

Guardian: A guardian is a person appointed to safeguard, protect, or manage the interests of a child or someone lacking the capacity to do so.

Guilty Plea: A guilty plea occurs when all defendants plead guilty to all counts (or acceptable alternative counts) or to some counts while pleading not guilty to others, and a jury is not sworn. The conviction is confirmed when the court sets a sentence, even if the defendant pleads guilty.

H

Harm Test: The harm test identifies individuals who may pose a risk of harm to vulnerable groups, including children. Those who meet the harm test are referred to the DBS for consideration for inclusion on the child and/or adult barred lists. Individuals listed on one or both lists are prohibited from working or engaging in regulated activities with these specific groups.

Hospital/Guardian Order: When a juvenile is found guilty of an offence that would typically result in imprisonment for an adult, a hospital or guardian order allows the court to remand them in custody or on bail for medical examination and assessment under the Mental Health Act. If the individual is over 16 years old and has a mental disorder, the court may appoint a guardian for them under Section 37 of the Mental Health Act. This appointment is made if it is deemed necessary for the person’s welfare or for the protection of others. The guardian has the authority to make decisions on behalf of the person when they lack the mental capacity to do so themselves.

I

Identity Document Validation Technology (IDVT): IDVT refers to the software and devices used to verify the validity of documents presented by candidates to prove their identity. It ensures high levels of accuracy and assurance when checking various forms of identity documents.

Identity Fraud: Identity fraud indicates the possibility of a match for identity fraud.

Identity Service Provider (IDSP): An IDSP is an organisation that offers identity verification services. To conduct DBS Digital Identity checks, they must be certified to provide identity verification to specific Levels of Confidence as specified by GP45.

Identity Validation: Identity validation is the process of determining whether a piece of identity evidence is genuine and/or valid.

Identity Verification: Identity verification is the process of confirming whether the applicant is the owner of the claimed identity. It involves comparing provided information against reliable and official sources to ensure that the presented identity can be authenticated and matched with the holder.

Identity Verified: This indicates whether the digital identity check result is a pass or fail.

Imprisonment: Imprisonment refers to the court’s power to impose sentences of imprisonment, with the maximum sentence for each offence specified by law. If an offence is dealt with by the crown court, the maximum term of imprisonment that may be imposed is typically higher than that available to the magistrates’ court.

Indictable Offense: Indictable offences are serious offences for which an adult defendant must be tried by the crown court. Examples include robbery, arson, and rape. These offenses are classified into different categories, with murder being a class 1 offense.

Injunction: An injunction is an equitable remedy in the form of a court order that compels a party to either perform or refrain from performing a specified act.

J

Judgment: Judgment refers to the final decision of a court, where a monetary judgment may require one party to pay a sum of money to another.

L

Lead Counter-Signatory: A lead counter-signatory is a senior figure within a registered body who is nominated to hold overall responsibility for authorising DBS checks in their organisation.

Licence Period: The licence period refers to the time between being released from custody and completing a custodial sentence, during which individuals are subject to certain conditions.

Local Police Records: Local police records contain non-conviction information such as allegations, arrests, etc., which may not have resulted in further action or have resulted in a not guilty verdict.

M

Minor: Someone below 18 years of age in England and Wales or below 16 in Scotland is considered a minor.

Mitigation: Mitigation involves presenting reasons on behalf of a guilty party to explain the circumstances leading to an offence.

N

NACRO: NACRO is a social justice charity focused on making society safer by implementing practical solutions to reduce crime. Since 1966, NACRO has been dedicated to providing ex-offenders, disadvantaged individuals, and deprived communities with the support they need to build a better future.

O

Order: An order is a direction or instruction given by the court.

Other Relevant Information: Non-conviction information that may be disclosed on an enhanced DBS certificate at the discretion of the chief police officer of the holding force. This information could include details about allegations, arrests, matters resulting in no further action, or not guilty verdicts. Disclosure of this information is dependent on its relevance to the role being checked against.

Out-of-Court Disposals: Out-of-court disposals allow the police to deal quickly and proportionately with low-level, often first-time offending that does not warrant prosecution in court. Examples include community resolution orders, cannabis warnings, penalty notices for disorder, and cautions.

P

Plea: A plea refers to a defendant’s response to a charge put forward by the court, indicating whether they plead guilty or not guilty.

Police Act 1997: Part V of the Police Act 1997 specifically addresses the disclosure process, which is now carried out by the DBS.

Police National Computer (PNC): The Police National Computer is a database maintained by the police that holds criminal record information.

Power of Arrest: A power of arrest is an order attached to some injunctions that enables the police to arrest a person who has violated the terms of the order.

Probation Order: Also known as a supervision order, a probation order allows an offender to remain in the community under certain conditions. The offender is supervised by a probation officer for a specified period, during which additional requirements may be imposed by the court to prevent further offenses.

Protected (Filtered) Cautions, Convictions, Final Warnings, and Reprimands: Protected cautions, convictions, final warnings, and reprimands refer to criminal record information that will not be included in a standard or enhanced disclosure certificate under certain conditions. These conditions are defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013.

Public Protection Sentence: A public protection sentence is imposed for specified sexual or violent offenses.

R

Recognisance: Recognisance is an undertaking made before the court in which a person agrees to comply with certain conditions, such as keeping the peace or appearing in court. A sum of money is typically pledged to ensure compliance.

Registered Body: A registered body is an organization registered with the DBS to conduct standard and enhanced checks and is authorized to ask an exempted question.

Regulated Activity: Regulated activity is defined by the Safeguarding Vulnerable Groups Act 2006 and refers to work with vulnerable groups, including children, that must not be undertaken by individuals who are barred from such activity.

Rehabilitation of Offenders Act (ROA) 1974: The Rehabilitation of Offenders Act 1974 enables certain criminal convictions to become spent or ignored after a specified rehabilitation period. Once this period has elapsed, with certain exceptions, an ex-offender is not required to disclose the conviction when applying for jobs, volunteering activities, or training courses.

Relevant Matters: Relevant matters refer to information that does not qualify for filtering and may be included in response to a request for an enhanced DBS disclosure if deemed relevant to the purpose of the disclosure.

Remand: Remand involves ordering an accused person to be kept in custody or placed on bail pending a further court appearance.

Reprimand: A reprimand has replaced the caution for young people under 18. A young person given a second formal warning about future conduct is issued a final warning.

Right to Work (RtW): The Right to Work refers to the legal entitlement to work in the UK, verified through appropriate documentation. Employers are responsible for conducting Right to Work checks before employing someone to ensure they are permitted to work. These checks can be conducted face-to-face or remotely via the Digital Right to Work scheme or through share code.

Right to Work Status: The Right to Work Status indicates the immigration status of the candidate, outlining any restrictions and providing an employer checklist.

S

Share Code: A unique nine-digit alpha-numerical code provided by the UK Government for non-UK and non-Irish nationals to verify their Right to Work. Employers can retrieve the Home Office report containing right-to-work details by the employee providing their share code and date of birth. Share codes indicate the type of work the employee is legally allowed to carry out and the duration of their work rights. Introduced as part of the UK immigration system post-Brexit, share codes facilitate the hiring process for employers.

Spent Convictions: The Rehabilitation of Offenders Act (as amended in England and Wales) aims to ease the burden for individuals previously convicted of a criminal offence but have remained conviction-free since. For most criminal offences, excluding the most serious ones, and where the sentence is less than two and a half years in prison, the Act applies. Once a specified period known as the rehabilitation period has elapsed without reoffending, the conviction is considered ‘spent’. In most cases, individuals with spent convictions are not obligated to disclose them when applying for jobs, and employers cannot refuse employment based on spent convictions. However, exceptions exist to protect the most vulnerable, such as when assessing suitability for positions of trust in the NHS.

Standard DBS Check: Also known as a standard disclosure, this applies to individuals entering certain professions like health and social care, legal, and accountancy professions. Standard checks include convictions, cautions, reprimands, and warnings held in England and Wales on the Police National Computer, with relevant convictions from Scotland and Northern Ireland possibly included.

Status Notes: Right to Work status notes outline any restrictions for the candidate, if applicable. These notes are included in the Home Office Right to Work confirmation, providing an employer checklist.

Subject Access: Individuals can exercise their right to access information held about them, including criminal record information, under the ‘subject access’ provisions of Section 7 of the Data Protection Act 1998.

Suspended Sentence: A custodial sentence issued when an individual is convicted of a crime and given a sentence to serve time, which may include a period of unpaid community work instead of or alongside a prison sentence. Certain conditions must be met during the full term of the sentence, such as staying away from specific places or individuals. If the conditions are breached, imprisonment may follow. A suspended sentence is not a substitute for non-custodial penalties but serves as an incentive for the offender to avoid further trouble.

U

Umbrella Body: An organisation registered with the DBS to conduct standard and enhanced checks on behalf of other organisations authorised to inquire about applicants’ spent and unspent convictions.

V

Volunteer: Involves spending unpaid time (except for approved out-of-pocket expenses) to benefit a third party or community. Volunteers in eligible positions are entitled to have the fee for standard and enhanced DBS checks waived, along with free subscription to the update service.

Glossary of DBS related terms

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