DBS checks and being arrested on protests

Last reviewed : 21/05/2023

What Does DBS Stand For?

DBS stands for ‘Disclosure and Barring Service’. They are a non-departmental public body of the Home Office. Their aim is to help employers make safer recruitment decisions, in return protecting themselves and others

There are three types of DBS checks: Basic, Standard, and Enhanced (with or without the barred list checks).

What Is A Basic DBS Check?

A basic DBS check is a filtered criminal record check that shows unspent convictions and conditional cautions that are considered unspent by the Rehabilitation of Offenders Act 1974. Individuals and employers can apply for this check.

There is something called “filtering” where some convictions don’t show up after 11 years have passed (5½ years for convictions imposed when you were aged under 18), but only if you have been convicted of a single offence and received a non-custodial sentence, and the offence is not included on the list of offences that will never be filtered. If you have more than one conviction on the Police National Computer all your convictions will be disclosed. Where people appear in court once, and where their DBS check shows one ‘conviction’ but multiple ‘offences’, these will be treated as multiple convictions and so NOT be filtered.

What Is A Standard DBS Check?

A Standard DBS check is a criminal record check that shows both spent and unspent convictions. It can only be requested by employers. This will show an individual’s:

– Spent and unspent convictions.
– Cautions.
– Reprimands.

It is used to ensure that the applicant is suitable for a position of higher responsibility, such as lawyers, security guards, and accountants.

What Is An Enhanced DBS Check?

The Enhanced DBS check shows spent and unspent convictions, as well as any relevant information held by the local police force. It can only be requested for specific roles that are included in ROA 1974 (Exceptions Order 1975) and the Police Act 1997 regulations.

In summary, Enhanced DBS checks show:

– Spent and Unspent Convictions.
– Cautions.
– Reprimands.
– Any other relevant information held by the local police force.*

If necessary, a check of the Barred List (Children and/or Vulnerable Adults) can be requested.

* Additionally for an Enhanced DBS: anything that the Chief Officer of a police force thinks is relevant. This can include arrests. We find it unlikely that anything related to protest activity would show up here, but it could include arrests that don’t result in conviction. If you have to go through an enhanced DBS check and information related to protest activity is included, the Network for Police Monitoring netpol.org would be interested to know as this could be a method of intimidating people out of protest. When an application is made for an enhanced check it is forwarded to the local police who may add in other information including arrests.

Expect convictions (both unspent and spent) and cautions to show up on your standard and enhanced DBS check. Arrests or charges may show up on Enhanced DBS checks, at the police’s discretion. Your potential employer may ask you to explain what shows up, but having convictions etc doesn’t automatically mean you can’t get the job and won’t necessarily count against you.

DBS checks are only allowed for some roles, largely those working with children, in healthcare or personal care, or in some professions. Some jobs are eligible for Standard DBS, and some are eligible for Enhanced DBS, including most jobs working directly with children. You can check whether a job is eligible for a DBS check at this gov.uk site https://www.gov.uk/find-out-dbs-check (by using a questionnaire) or looking at the table here http://hub.unlock.org.uk/wp-content/uploads/A-Z-of-specific-job-roles-and-eligibility-for-criminal-record-check.pdf

When is a conviction spent?

Once you have a criminal record, you have it for life. However spent convictions wont show up on a basic DBS check. Most convictions become spent after a period of rehabilitation. See below:

Rehabilitation Periods table

*Suspended custodial sentences are treated the same as custodial sentences for this purpose. It will be the length of the sentence imposed by the court, not the period it is suspended for that dictates when it will become spent.

**Relevant orders include conditional discharge orders, restraining orders, hospital orders, bind overs, referral orders, care orders and any order imposing a disqualification, disability, prohibition or other penalty not mentioned in the table.

Sentence or disposal	Rehabilitation period if aged 18 or over when convicted or disposal administered	Rehabilitation period if aged under 18 when convicted or disposal administered
• Sentence of imprisonment for life • Sentence of imprisonment, youth custody, detention in a young offender institution or corrective training of over four years • Sentence of preventive detention • Sentence of detention at His Majesty’s pleasure • Sentence of custody for life • Public protection sentences* (imprisonment for public protection, detention for public protection, extended sentences of imprisonment or detention for public protection and extended determinate sentences for dangerous offenders) *A public protection sentence (the provisions for which are set out in Part 12 of the Criminal Justice Act 2003 and Part 8 of the Armed Forces Act 2006 means a sentence of imprisonment or detention, as detailed above, imposed for specified sexual and violent offences.	These sentences are excluded from rehabilitation and so will always be disclosed	These sentences are excluded from rehabilitation and so will always be disclosed
A custodial sentence of over 2 years 6 months but not exceeding 4 years	7 years from the date on which the sentence (including any licence period) is completed	3 years 6 months from the date on which the sentence (including any licence period) is completed
A custodial sentence of over 6 months but not exceeding 2 years 6 months*	4 years from the date on which the sentence (including any licence period) is completed	2 years from the date on which the sentence (including any licence period) is completed
A custodial sentence of up to 6 months*	2 years from the date on which the sentence (including any licence period) is completed	1 year 6 months from the date on which the sentence (including any licence period) is completed
A sentence of service detention	1 year from the date on which the sentence was completed	6 months from the date on which the sentence was completed
Dismissal from His Majesty’s service	1 year from the date of conviction	6 months from the date of conviction
Fine	1 year from the date of the conviction in respect of which the fine was imposed	6 months from the date of the conviction in respect of which the fine was imposed
Community order or youth rehabilitation order	1 year from the last day on which the order has effect	6 months from the last day on which the order has effect
Driving endorsements	5 years from the date of conviction	2 years 6 months from the date of conviction
Driving disqualification	When the period of the disqualification has passed	When the period of the disqualification has passed
Simple caution, youth caution	Spent immediately	Spent immediately
Conditional caution, youth conditional caution	3 months or when caution ceases to have effect if earlier	3 months or when caution ceases to have effect if earlier
Compensation order	On discharge of the order (i.e. when it is paid in full). Proof of payment will be required	On discharge of the order (i.e. when it is paid in full). Proof of payment will be required
Absolute discharge	Spent immediately	Spent immediately
Relevant orders** (orders that impose a disqualification, disability, prohibition or other penalty)	The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent	The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent